Australian court convicts businessman in groundbreaking legal decision for plotting political meddling on behalf of China
Australian court convicts businessman of covertly working for China's Communist Party, marking a groundbreaking verdict under foreign influence laws
A Melbourne court has convicted Di Sanh Duong, a prominent Australian businessman, of secretly working for the Chinese Communist Party. This marks the first such verdict under the country's foreign influence laws. The 68-year-old was found guilty by a jury of preparing for or planning an act of foreign interference, with a maximum penalty of 10 years in prison.
He is the inaugural individual to be found guilty under regulations implemented by the Australian government in 2018 in response to foreign interference in domestic politics. These laws were enacted following several controversies surrounding Beijing's purported efforts to influence Australian politics, causing a deterioration in relations with China, the nation's primary trading ally.
In 2020, Duong was accused by the Victoria state police. The County Court of Victoria determined on Tuesday that he had covertly attempted to influence former federal government minister Alan Tudge by making a substantial donation to the Royal Melbourne Hospital three years ago.
Photographs taken on June 2, 2020, at a hospital event show Duong presenting Tudge with a novelty check for 37,450 Australian dollars ($25,000). The funds were raised by the Oceania Federation of Chinese Organizations from Vietnam, Cambodia and Laos, a group representing the Chinese diaspora and led by Duong.
Federal prosecutors claimed that Duong had utilized the donation to gain favor with Tudge. Tudge, however, was not implicated in any misconduct.
Government lawyers used an intercepted phone call between Duong and an associate from April 2020 as evidence. In the call, Duong was heard discussing the importance of his relationship with Tudge, whom he viewed as a potential future prime minister of Australia. During the court hearing, prosecution lawyer Patrick Doyle contended that Duong, a former member of the Victorian state branch of Australias Liberal Party, would be a prime candidate for recruitment by Chinas United Front Work Department.
The United Front is a large organization operated by the Chinese Communist Party, with the aim of fostering relationships with non-party elites, including the Chinese diaspora. It has been widely accused by researchers and Western nations, such as the United States, of planning foreign influence operations on a global scale to benefit the Chinese government.
"In essence, the primary objective of this network is to garner support for the Chinese Communist Party, which entails building support for the party and its policies," Doyle explained to the court.
Chinese leader Xi Jinping addresses leaders during the Third Belt and Road Forum in Beijing last month.
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The prosecutors claimed that Duong had been communicating with officials from Chinese state security. In another wiretapped phone call played in court, Duong was heard telling an associate, "When I take action, it never makes it into the news, but Beijing will be informed of my actions." Duong's sentencing will take place next year.
CNN has reached out to Duong for comment through his defense lawyer.
Australian Federal Police issued a statement Tuesday welcoming the verdict.
The AFP expressed gratitude to its partners in the Counter Foreign Interference Taskforce for their assistance during this intricate investigation. In a statement, opposition home affairs spokesperson James Paterson welcomed the guilty verdict in what he described as "Australia's first ever foreign interference case."
"We believe that successful prosecutions are essential in preventing future attempts to meddle in our democracy. The AFP and prosecutors must remain steadfast in their enforcement of the law," he stated.
CNN has contacted the Australian Ministry of Home Affairs for a response.
