Aussie’s death sentence a ‘terrible reminder’

The fate of detained Australian writer Yang Hengjun is a “terrible reminder of the stark differences” between the Chinese and Australian systems of justice and government.

The dual-citizen, writer and democracy activist has been imprisoned in China since he was arrested five years ago, accused of espionage.

On Monday, he received a suspended death sentence, which can be reduced to life in prison if he does not commit any further crimes while in jail.

While Australia and China have significantly repaired diplomatic relations since Labor took office, Coalition foreign affairs spokesman Simon Birmingham said the news was a sobering reminder of the different realities of the two countries.

“Not only is this a painful blow to Dr Yang, but in terms of people-to-people relations, it is a reminder of the risks that apply in doing business or engaging with China,” he said.

“It’s a reminder of why it is important for us to always defend the very important values and systems that we have the privilege of enjoying here in Australia.”

Describing the court decision as “harrowing” and “appalling” Foreign Minister Penny Wong confirmed China’s ambassador to Australia had been summoned.

However, she was not considering recalling Australia’s ambassador to Beijing and said the government would continue trying to stabilise the diplomatic relationship.

“Stabilisation means we co-operate where we can, disagree where we must, and we engage in the national interest,” she said.

“This is a decision within China’s legal system. Clearly this is an occasion in which we disagree.

“I do not step back from what I said … which is the Australian government is appalled by this decision.”

China’s ambassador to Canberra, Xiao Qian, was seen entering the Department of Foreign Affairs and Trade later on Monday.

A spokesman for Dr Yang’s family said they were shocked and devastated by the news.

Dr Yang was detained at Guangzhou Airport in January 2019 after arriving from New York and accused of spying for a foreign country.

The 57-year-old was tried in a one-day, closed door, trial in Beijing in May 2021. Australian consular officials were denied access to the hearing.

He has always maintained his innocence.

The sentence will effectively mean the pro-democracy writer will spend the rest of his life in prison unless he can make a successful appeal.

Senator Wong confirmed there were still avenues available for appeal.

But China’s court system has a conviction rate of about 99 per cent and very few cases are overturned.

Senator Wong said Australia would not relent in advocating for his release.

“We have consistently called for basic standards of justice, procedural fairness and humane treatment for Dr Yang in accordance with international norms and China’s legal obligations,” she said.

“We will continue to provide consular assistance to him and his family. All Australians want to see Dr Yang reunited with his family.”

Senator Birmingham said Dr Yang’s case demanded “constant attention and constant advocacy” from the government.

“It must be a top priority for the Albanese government in their engagement with Chinese officials to continue to advocate on Dr Yang’s behalf,” he said.

“We must ensure he has access to the medical treatment and consular services that are his right. We must provide support through whatever legal avenues … And ultimately, the Australian government must argue for his release and return to Australia.”

Asked whether Australia should have taken stronger diplomatic action, Senator Birmingham said it was in Dr Yang’s best interests to take the matters “step by step”.

Dr Yang’s family has previously expressed grave concerns about the writer’s health.

In a letter penned last year, Dr Yang raised fears about dying in detention amid a worsening kidney cyst he said was not being properly treated.

Asked about the current state of the writer’s health, Senator Wong said she would continue to press for Dr Yang to have access to “appropriate treatment”.

“His health and what he requires has been a topic of discussion at many levels with the Chinese authorities,” she said.

It comes after Beijing’s top diplomat in Australia, Mr Xiao, claimed reports of Dr Yang’s health condition had been over exaggerated.

He also downplayed the prospect of his release in a similar fashion to detained journalist Cheng Lei when asked by reporters last month.

Mr Xiao is expected to meet with the Secretary of the Department of Foreign Affairs, Jan Adams, about the sentence later on Monday.

In November, Dr Yang’s sons wrote to Prime Minister Anthony Albanese, ahead of his visit to China, pleading with him to negotiate their father’s release.

“We request that you do all in your power to save our father’s life and return him immediately to family and freedom in Australia,” they wrote.

“We know our father has done nothing wrong.”