For an Australian entrepreneur to set up an overseas business deal in a far country is to take a huge risk. It all depends on which country is chosen - and what sort of " rule of law " prevails, or in some cases - whether there is any actual law in place to protect business dealings.
Our biggest business partner - China - falls into that category. It's constitution is all sweetness and light, but when it comes to practice those having " connections " with the ruling Communist government are in a position to influence decisions favourably. The legal system and the courts are not impartial and it is not unusual for bribes to be paid to achieve a desired outcome.
Such seems to be the case for Du Zuing, an Australian cardiac surgeon who had a two thirds share in a $ 300 million medical facility in China. This resulted in a falling out with his Chinese partners and the doctor has spent two years in a Chinese gaol on unspecified charges - and this arrest has not been common knowledge. It is not unusual for prisoners to simply " disappear " into the Chinese justice system and languish in gaol for years without ever making an appearance in court or be formally told of the charges against them.
Friends and relatives are pressing the Australian government to make representation in the Du Zuing case but it seems that this is going against Foreign Affairs advice. The Chinese government is sensitive about it's dirty laundry being aired in public and some diplomats think that publicity will have a worse effect on the outcome. In this case, the doctor has been stripped of his legal share in a high value project and there is deep suspicion that the court system is being used to prevent him bringing the matter to justice.
Foreign Affairs may be quietly working away behind the scenes, but it all depends on who is pulling the legal strings in China - and how high is their standing in the pecking order. We would hope that Foreign Affairs is not simply balancing it's brief to maintain good relations with one of our main trading partners against the rights of an ordinary citizen - and deciding not to " rock the boat " by dragging this case into the public domain.
Bad publicity is a constant irritant to the Chinese government and we constantly see instances where people are released and allowed to immigrate to settle issues. In contrast, there are probably big numbers of " little people " who have fallen foul of the authorities and who languish indefinitely because a veil of secrecy cloaks the workings of the Chinese detention system.
Perhaps Foreign Affairs would be wise to ponder a truism that is said to have originated from the pen of Confucius.
" It is the squeaky wheel that first receives the oil ! "
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