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TONY EASTLEY:  The Stern Hu case is just not a business story with serious implications for corporations operating in China, it's also got the potential to damage Australia-China bilateral relations.

Trade Minister Simon Crean, who's currently the Acting Foreign Affairs Minister, has been to China a number of times and spoken to Chinese officials about Mr Hu's case. Mr Crean joins us this morning on AM and he's speaking with Alexandra Kirk.

REPORTER:  Mr Crean, good morning.

SIMON CREAN:  Good morning Alex.

REPORTER:  Stern Hu and three other Rio Tinto executives should find out today if a court date will be set for their trial. Australia's been urging a speedy resolution of the case. You've spoken to the Chinese Government a number of times, do you hope a trial date will be set today?

SIMON CREAN:  As always with these things Alex, it is best not to try and have a running commentary publicly. We have taken this case seriously from the beginning. We have made active and continuous representations.

What is happening in this case is in accordance with Chinese law. There is the potential for a further extension. We have been kept informed, we have had consular access, we have made vigorous and active representations on occasions privately in our discussions with the Chinese. I think we just have to let this run its course. We've consistently said we would want it dealt with expeditiously and transparently and we continue to persist with that.

REPORTER:  Do Stern Hu's best chances rest with a court hearing or further pre-trial investigation?

SIMON CREAN:  I can't comment on that. The legal representatives have had access to Stern Hu, they're not in the position where they can comment publicly for obvious reasons. It's a matter in that sense in terms of the legal proceedings between Mr Stern Hu, the Chinese authorities and his legal - Mr Stern Hu's legal representatives. What we continue to do as a government is to engage actively with our counterparts to urge expedition and transparency and of course we have the regular consular visits which have been all undertaken and all available to us in accordance with protocols between our two countries.

REPORTER:  Well can you answer this, are you confident that he will get a fair hearing?

SIMON CREAN: I'm confident that the Chinese will pursue their legal system in accordance with the rules as they lay them down. We have urged transparency, we've urged expedition but most of all we also argue due process of law — appropriate process of law and we will continue to monitor that.

REPORTER:  Another live issue besetting the Government has been the whaling controversy with Japan. According to a report in the Australian newspaper today, Japanese foreign officials have accused the Acting Prime Minister Julia Gillard of aggravating the highly charged matter. Was she right to call for calm from both sides, the Sea Shepherd protestors and Japanese whalers, in equal terms?

SIMON CREAN:  Of course she was and that is, I would have thought, a commonsense call to be made. But let's face it Alex, we have a very different position from the Japanese government in relation to whaling and I'm not surprised that there is robustness in the discussion surrounding this issue, I know because I've been involved in robust discussions myself. The difference on this occasion though is that this has been made public. But I don't think it should come as any surprise that there have been strong representations made by us to the Japanese and strong responses by the Japanese to us.

It's the reason we've been arguing for some two years now that this matter has to be resolved, we want it resolved diplomatically and we've been applying all of our efforts to achieving that outcome.

REPORTER:  [Interrupts] But does the Government…

SIMON CREAN:  It's not just- it's…

REPORTER: …need to step back a bit for the two countries to resolve the dispute?

SIMON CREAN:  No I don't think the Government does need to step back. I think that this can only effectively be resolved diplomatically and it's not just a question of the bilateral relationship. There is an international whaling convention also involved in this and negotiations are proceeding in terms of that broader forum.

REPORTER:  Japan's questioned…

SIMON CREAN:  [Interrupts] As for the robustness of the discussion, I don't think anyone should be surprised at that.

REPORTER:  Japan's questioned the jurisdiction of Australia's Maritime Safety Authority to investigate the collision which destroyed the New Zealand registered Ady Gil. Is there a question mark over that jurisdiction?

SIMON CREAN:  No, I think that we've indicated and this is what we're still waiting advice from the Australian Maritime Safety Authority as to the circumstances. We're not going to make any judgement about how we proceed until we have that report.

REPORTER:  Finally Mr Crean, as we'll hear in a minute, the funeral of an Indian man killed in Melbourne is now being held in India, his relatives want justice and have called for more action from the Australian Government to ensure other families are spared the pain of such a senseless loss of life. Will the Government honour their wishes and boost protection for Indians in Australia?

SIMON CREAN:  Not only will we do that, we really do appreciate the dignified way in which the family in this most horrible circumstance have responded. Yesterday would have been an awful day for them. The finality, the closure in terms of the loss of their son.

They've indicated, and they've made calls for peaceful resolution, not retribution but they do want justice. They will get justice and we have said that with the Victorian authorities that no stone will be left unturned in trying to bring the perpetrators to justice.

I think it is also very interesting that the family themselves have put forward a reward for the purposes of trying to apprehend the culprits. So I think that in all of these very difficult circumstances we very much appreciate the dignified way in which the family has responded.

We again send our condolences to them. Our High Commission was present at the funeral service. That was appreciated by the family and there was long discussion between the family and our representative there. This has been a terrible day for them. We grieve with them but the best we can do now is to ensure that their wishes in terms of justice prevail and we will leave no stone unturned to achieve that.

REPORTER:  Simon Crean thanks for joining AM.

SIMON CREAN:  Thanks Alex.

TONY EASTLEY:  The Trade Minister Simon Crean who's currently the acting Foreign Affairs Minister.

Media inquiries

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