When we visit a foreign country we do so in the understanding that we will be subject to that country's law for the duration of our visit. That law may be quite different to the law that applies here in Australia and ignorance of the law is no excuse.
Most Australians who visit China emerge unscathed and enjoy their visit but the arrest of an Australian citizen is now straining relations between the two countries. The difference is that this citizen had Chinese ancestry before becoming an Australian citizen and he is a writer who is critical of the Chinese government. He and his wife were frequent visitors in recent years until he was detained - and has now been charged with espionage.
Yang Hengjun has been held in a Chinese prison for seven months without any reason being given and without any charges being laid, and during that time he has been refused access to his lawyers or to visits from his wife and other family. His wife is an Australian citizen and she has been prevented from leaving the country. She is not under arrest, but she has been refused process through any Chinese airport.
The Chinse justice system is opaque. Statistically, ninety-nine percent of those who appear before a court are found guilty and judges obey the instructions of the government. In many cases the hearings are held in a closed court and are not reported in the Chinese press. The death penalty is on the books for espionage cases, but in reality most sentences are for a term in prison, with the longest recorded for twelve years.
That word " espionage " has a lot of different interpretations in the mind of the Chinese Communist government. Dissent is forbidden and the media is tightly controlled. This arrest and charge comes at a difficult time for China's Communist rulers. The old British colony of Hong Kong is in open rebellion against a law that would allow Hong Kong residents to be taken to the mainland and dealt with in a court there. Nearly half the population has turned out in protest marches and China has marshalled police and troops at the border and is threatening force to restore order.
There is deep suspicion that what Yang Hengjun has written is what has riled China's Communist rulers. No doubt when his case goes to court he will be accused of obtaining " state secrets " and that could be anything from photographing government buildings to taking extracts from the official census. Espionage is anything the government chooses to be a state secret.
Our diplomatic representatives in Beijing will continue to demand access to Mr Yang and the Australian press will follow the story, but China will claim that espionage is an internal matter and there is really no action Australia can take, except vigorous protest.
That is the risk we take when we decide to visit another country. When he are on their territory we are subject to their law. That is something to be taken into account when contemplating travel. We would be wise to think through if anything we have said or done could be construed as a threat or could arouse their enmity. Otherwise, the fate that overtook Mr Yang may await us !
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