The high profile case of Rio Tinto executive Stern Hu closed with the three-judge court sentencing the Australian citizen to 10 years in prison on charges of corruption and stealing commercial secrets.

Australian Foreign Minister Stephen Smith termed the sentence harsh and pointed out that part of the trial was held behind closed doors, with no Australian official present, despite a Sino-Australian consular agreement that provides for such presence. "Because we have had no access to that part of the trial, there are I think serious, unanswered questions which international business community will want to continue to pursue with China," Smith said. The fact that the Chinese closed part of the trial despite the clear terms of a bilateral agreement is worrisome and casts doubt on the value of China's signature on any treaty or international accord.

An agreement on consular relations, which came into force in 2000, provides: "In the case of a trial or other legal proceeding against a national of the sending State in the receiving State, the appropriate authorities shall make available to the consular post information on charges against the national. A consular officer shall be permitted to attend the trial or other legal proceedings."