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力拓案今日宣判 四被告或判有期徒刑

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【英文原文】

力拓案今日宣判 四被告或判有期徒刑

Shanghai Court to Issue Rio Tinto Verdicts
SHANGHAI (Dow Jones)--A Shanghai court is expected to issue verdicts for Australian national Stern Hu and three other Rio Tinto Ltd. executives on charges of commercial spying and bribe-taking, with at least some of the men likely to be given jail sentences following their admission that they took payments totaling $11 million from Chinese steelmakers.

The verdict and sentencing in the closely watched Rio Tinto trial, which started a week ago, was due at midafternoon on Monday from a three-judge panel at Shanghai No. 1 Intermediate People's Court.

Few court cases in China end in acquittal, and guilty verdicts on some counts are widely anticipated, including against Mr. Hu. Australia's consul-general in Shanghai, who witnessed parts of the case, said last week that Mr. Hu admitted 'some truth' to charges he accepted two bribes that prosecutors valued at $935,000--apparently from Chinese steel mills to ensure their access to iron ore.

Less is known about Shanghai prosecutors' allegations that Mr. Hu and his three subordinates, all of whom are Chinese nationals, obtained commercial secrets from China's steel industry. Some of the executives are known to have pleaded not guilty on these counts but that part of the trial has been closed and details are secret. Yet, the same court on Monday has scheduled a verdict on a case alleging that Tan Yixin, a former official of Beijing-based steelmaker Shougang Group who state media reports say was detained days after the Rio Tinto executives were taken by authorities, and others infringed on commercial secrets.

The Rio Tinto case has huge ramifications for multinationals doing business in China. While executives in the country increasingly say last week's admissions suggest there may have been problems with the way Rio Tinto was selling iron ore in China, many remain disturbed by the lack of transparency in the way the executives were detained and charged last year.

The detention of the four followed rancor between top Chinese officials and iron-ore traders. In the months since, Rio Tinto, one of the most profitable multinationals operating in China, has upgraded its management structure in China and pursued deals that potentially give Chinese companies more access to the iron ore they need.

Rio Tinto has declined in recent months to reiterate initial denials that its China team had done anything wrong.

【中文译文】

力拓案今日宣判 四被告或判有期徒刑
预计上海一家法院将宣判澳大利亚公民胡士泰及力拓股份有限公司(Rio Tinto Ltd.)其余三名经理人涉嫌窃取商业秘密和收受贿赂一案。至少其中部分人有可能被判处有期徒刑;此前他们一共承认接受了中国钢铁企业支付的1,100万美元。

陶武平走进上海第一中级人民法院,他是力拓案其中一被告的辩护律师力拓案一周前开庭,受到密切关注。按计划,上海第一中级人民法院一个由三名法官组成的合议庭将在周一下午宣布罪名和判决。

中国很少有案件被宣判无罪,对于某些指控,人们普遍预计会被判成立,这包括针对胡士泰的指控。澳大利亚驻上海总领事上周旁听该案部分庭审后表示,胡士泰对有关他收受两起贿赂的指控承认了“部分事实”。检方估计,这两笔贿赂共计93.5万美元,明显地是来自于中国的钢铁公司,目的是保证它们能够拿到铁矿石。

上海检方还指控胡士泰及其三位中国籍下属窃取了中国钢铁行业的商业秘密。这部分指控的情况外界所知较少。据悉,部分人否认这方面有罪,但有关商业秘密的庭审为闭门进行,细节处在保密之中。不过按既定安排,周一上海一中院还将宣判首钢集团前官员谭以新等人涉嫌侵犯商业秘密的案件;据官方媒体报道,谭以新是在有关部门拘捕了力拓四位管理人员过后数日被拘捕的。

力拓案引起了在华经商的跨国企业的巨大反响。在华企业经理人越来越认为,上周部分被告认罪,说明力拓在中国销售铁矿石的方式可能是有问题的。但去年四人被拘押和起诉的过程缺乏透明性,仍然让很多人如芒在背。

四人被拘之前,中国高层官员与铁矿石交易商已经结下怨隙。在过后的几个月,作为在华跨国企业中最挣钱之一的力拓提升了它在中国的管理架构,所做的交易可能也会让中国企业更有机会拿到它们需要的铁矿石。

近几个月,力拓没再重复当初的表述,说它的中国团队没有任何过错。