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TRADE WARS
Rio trial in China moves behind closed doors

Clamour for Australia, China trade drowns out Rio trial
Sydney (AFP) March 23, 2010 - While four Rio Tinto employees face trial in Shanghai, brisk business between Australia and China is only accelerating, underlining a pragmatism shaped by tens of billions of dollars in trade. Australian citizen Stern Hu and three Chinese colleagues are pleading their cases as their company announces major new deals with China and forges closer links with its biggest customer. On Friday, Rio said it would jointly develop a major African iron ore field with Chinalco, feeding rampant demand for steel it says could double by 2020 as the country leaps from peasant state to economic superpower.

"Our iron ore, copper, aluminium and other mined products help to build China," Rio chief Tom Albanese told business leaders in Beijing on Monday. "A positive relationship with this market is vital to the continued success of our company." Australia's government is also taking a hands-off approach, preferring not to jeopardise a business relationship which has nearly doubled in four years to 70 billion US dollars, making China its biggest trade partner. "I think that we've done as much as we possibly could -- let the justice system now take its course," Small Business Minister Craig Emerson said. Experts said Australia, whose Prime Minister Kevin Rudd has warned "the world is watching" China, needed to look tough for the domestic audience but would not want to push Beijing too far.

"Despite what goes on, the pragmatism and the reality will continue," said Fortescue Metals' chief Andrew Forrest, Australia's richest man. Australia's resources shipments to China, mainly iron ore and coal, helped it power through the global downturn as the only Western country not to enter recession. "They don't want to overdo it at this moment in time," said David Martin Jones, an expert on Asia-Pacific relations from Queensland University. "They want to indicate diplomatically that they find the process unacceptable but I don't think they want to push it too hard in case it results in a Chinese overreaction." John Lee, a China expert from the Centre for Independent Studies think-tank, said the Mandarin-speaking Rudd had abandoned attempts for cosier links with Beijing to focus on the economic relationship.

"Prior to the whole Stern Hu situation, the Australian government was trying very hard to establish some sort of privileged position with China but I just don't think that's possible," Lee said. "I think what the government has realised now is that it's much better to have a very pragmatic economic relationship and have very low expectations beyond that." Vivienne Bath, a former Hong Kong-based commercial lawyer who now heads the University of Sydney's Centre for Asian and Pacific Law, said the timing of Monday's business conference, attended by Albanese, was no coincidence. "It's hard to believe that it is coincidental because the trial was announced at fairly short notice presumably the forum had been arranged for a considerable period of time," Bath told public broadcaster ABC. "I suppose the message they're trying to send is that criminal trials have nothing whatsoever to do with long-term commercial relationships." Lee added that China had been emboldened by the global downturn, which hit developed countries hard, and now felt able to tell them to "butt out" of matters like its legal system.
by Staff Writers
Shanghai (AFP) March 23, 2010
A Chinese court moved the highly sensitive trial of an Australian executive and three local employees of mining giant Rio Tinto behind closed doors on Tuesday to hear industrial espionage charges.

Stern Hu and three Chinese staff, whose trial on allegations of bribery and and stealing trade secrets opened Monday, have pleaded guilty to taking money, defence lawyers say, but have contested several aspects of the charges.

The case is widely seen as a test of the rule of law in China and has raised concerns about the potential pitfalls of foreign companies doing business in the world's third-largest economy.

China insisted Tuesday that the high-profile case was being handled in a accordance with the law and that it was communicating with Australia, a key trade partner which is a major source of resources for its booming economy.

Hearings on Monday and Tuesday morning at the Shanghai court were dedicated to the bribery case but moved into a closed-door session in the afternoon, adding to questions about whether the men would get a fair trial.

"The court declared that was the end of the proceedings related to bribery charges and that the session this afternoon would be related to the commercial secrets charges," said Australia's consul general in Shanghai, Tom Connor.

Hu, the head of the Anglo-Australian company's Shanghai office, and the other employees -- Wang Yong, Liu Caikui and Ge Minqiang -- have been in detention since July last year but were charged only last month.

Wang's lawyer Zhang Peihong said all four had pleaded guilty to bribery charges, but there had been "intense debates in the court" about the amounts of money involved.

"For my client, there have been disputes about whether charges involving several million dollars are justified," he said. Wang stands accused of taking 75 million yuan (11 million dollars) in bribes.

Australia's government has said Hu "made some admissions," but said it would make no further comment until the proceedings end on Wednesday.

Under Chinese law, the toughest sentence for non-government officials convicted of accepting bribes is 15 years in prison, Zhang said.

Access to the trial at the Shanghai No 1 Intermediate People's Court has been restricted since it opened and only a handful of reporters from state-run domestic media have been allowed inside.

Tuesday's afternoon session was closed to Australian diplomats, Connor said, but Canberra has asked China to consider opening the hearings.

Zhang said he could not discuss what happened in the closed session.

Connor told reporters outside the court that the defendants had been given an opportunity to respond personally to the bribery charges in the morning, but that Hu made no comment.

Liu's attorney Tao Wuping said Hu and his client had pleaded guilty on Monday.

Hu has been charged with accepting a total of around six million yuan (880,000 dollars) in bribes, according to Tao and the Australian government.

Tao told AFP that Liu faced a charge of accepting three million yuan in bribes, while Ge was charged with accepting bribes of six million yuan.

The four were arrested during contentious iron ore contract talks which later collapsed, and after Rio snubbed a near 20-billion-dollar cash injection from its largest shareholder, the state-run Chinese miner Chinalco.

Tao told Dow Jones Newswires that the admissions were not part of any deal with prosecutors. He also said that Chinese steel company executives had paid the bribes.

Zhang declined to comment on who paid the bribes, saying that information was part of the closed proceedings.

Rio, the world's third-biggest miner, has previously said it was not aware of any wrongdoing by its employees.

"China's judicial authorities are handling the case in accordance with the law, legal procedures and the Sino-Australian consular agreement," Chinese foreign ministry spokesman Qin Gang told reporters.

"China and Australia have stayed in communication on this issue and China has given timely information on the case."

The head of Rio Tinto's iron ore division, Sam Walsh, told Dow Jones that the company would "respect the outcome" of the trial, but declined further comment.



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