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发表于 2016-8-9 08:43:14
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So it was with the most troubling Sino-Australian episode of 2009: the arrest of Stern Hu, an Australian citizen and then the de facto head of China business for Rio Tinto, a mining giant. Mr Hu was held initially on suspicion of stealing state secrets. Eventually he was convicted of bribery and other offences, taking a sentence of 10 years’ imprisonment. Many observers saw the episode as a case of politically selective prosecution, partly due to China’s frustration with the rising price of iron ore, and partly as retribution for Rio Tinto’s abandonment of a multi-billion-dollar investment deal with the Aluminium Corporation of China, or Chinalco.
Mr Raby, without referring specifically to the facts of Mr Hu’s case, did not dispute questioners’ assertions that there was politics behind its prosecution.
“You can draw your own conclusions from the evidence, but you’re right that a lot of people give and receive gifts, and some get pinged and some don’t, and I think to my mind that’s the nub of the issue,” Mr Raby said. In response to an earlier question on the Hu case, Mr Raby had noted an inherent defect of China’s justice system: its lack of independence from politics.
“Here we know there’s a reason why someone’s pinged for corruption or someone’s not pinged for corruption and usually there’s something sits behind it, so when there’s an anti-corruption campaign in Guangdong or Shenzhen, then it’s a fair bet that that’s somehow tied to elite politics, because why ping Person A and not B? And I think that is the context in which law is practiced here,” Mr Raby said. “There is rule by law here…But there’s no rule of law. There’s nothing that sits above the political processes of the [top leadership].”
Mr Raby said foreign governments can only hope to push patiently, persistently and diplomatically for “incremental” progress on its justice system and human rights. “I don’t think megaphone diplomacy gets you anywhere in this space.”
Mr Raby noted that during his four years as ambassador China’s leverage in world affairs has increased dramatically, as it became, for example, Australia’s number-one trading partner. He said that China’s economic power, combined with its authoritarian system, pose an historic diplomatic challenge as China’s ambitions—including its military ambitions—continue to grow.
“We have never seen in world history, with Nazi Germany perhaps to one side, a global economic power that has stood so far apart from the international norms of social and political organisation, so it’s something different. It really, really is different,” Mr Raby said. He later assured me that when he uses this line in speeches, he throws in a mention of Nazi Germany to pre-empt the nitpickers of history, not as a point of comparison to China. That would be rather undiplomatic indeed.
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