The Stern Hu trial – Results and follow-up on the verdict

Journalists leave the courthouse at the Shanghai No.1 Intermediate People's Court on March 29, 2010 following the convinction of four employees of mining giant Rio Tinto, including Australian executive Stern Hu. (Photo: Frederic J. Brown/AFP/Getty Images)

Author: Vivienne Bath, University of Sydney

On Monday March 29, Liu Xin, the judge presiding over the trial of Stern Hu and his 3 colleagues in the First Intermediate Shanghai People’s Court, announced the verdict of the court. All defendants were found guilty on the charges of bribery and  of stealing business secrets. The cumulative sentences (after deduction of concessions for some of the defendants for pleading guilty) ranged from 7 years to 14 years. Stern Hu himself received a sentence of 10 years – 7 years for the business secrets charge (Article 219 of the Criminal Law) and 5 years for the bribery charge (Article 163), less 2 years for admitting his guilt, plus hefty fines on both charges.

Stephen Smith, the Australian Foreign Affairs Minister, described the sentences as ‘harsh’ and the Australian Prime Minister, Kevin Rudd, criticised China’s lack of transparency in its handling of the case. Read more…

The Chinese legal system and the Stern Hu case

Australian Consul-General Tom Connor is surrounded by journalists while making a statement outside the Shanghai No.1 Intermediate People's Court in Shanghai on March 23, 2010 where the trial of Stern Hu was underway for the second day. (Photo: Frederic J. Brown/AFP/Getty Images)

Author: Vivienne Bath, University of Sydney

The trial of Stern Hu and his colleagues in the First Intermediate Shanghai People’s Court has now concluded, and the verdict will apparently be handed down today (2pm Monday 29 March, Shanghai time). The case has attracted a great deal of attention in Australia and internationally. However, many questions about the details and conduct of the case remain unanswered.

On March 18 2009, Qin Gang, a spokesman for the Chinese Foreign Ministry, reportedly said that the case should not be politicised or negatively affect Australia-China relations, as it was an ‘individual business case’. The way in which the Chinese authorities have handled the case, however, suggests that the investigation and trial involve more than purely legal issues. Read more…