Di Sanh ‘Sunny’ Duong jailed for two years and nine months for breaching foreign interference laws

Di Sanh “Sunny” Duong has been jailed for a year for trying to influence former federal minister Alan Tudge to advance the aims of the Chinese Communist Party.

A Melbourne businessman who became the first person convicted under foreign interference laws for trying to influence former federal minister Alan Tudge in favour of the Chinese Communist Party has been jailed.

Di Sanh “Sunny” Duong, 68, was on Thursday sentenced to two years and nine months’ jail after he was found guilty of preparing an act of foreign interference over a $37,450 donation to the Royal Melbourne Hospital during the Covid-19 pandemic.

County Court judge Richard Maidment ordered Duong serve 12 months of his sentence before he could be released on a recognizance release order on the condition he pay $3000 and be of good behaviour for four years.

In his sentencing remarks, the judge said foreign interference laws were introduced to protect the integrity of Australia’s political system and Duong’s offending was a “serious example of an inherently serious offence”.

He rejected defence submissions that Duong’s conduct was “unsophisticated”, noting he had demonstrated “an aptitude and enthusiasm” for developing relationships with persons of influence in Australia while hiding his connections with Chinese officials.

“Evidence led at the trial supports the conclusion that the United Front Work System ... is a sophisticated, far-reaching and pervasive foreign influence program,” he said.

“I am unable to find any evidence of contrition or remorse.”

Di Sanh Duong has been jailed for trying to influence former federal minister Alan Tudge. Picture: Nicki Connolly

Judge Maidment said it was “impossible to ignore” comments made by ASIO chief Mike Burgess about a spy network operating in Australia but it had no bearing on the sentence he imposed on Duong.

Duong, a one-time Victorian Liberal candidate and longstanding party member, used the hospital donation to cultivate a relationship with Mr Tudge as a preparatory act to influence him to advance the aims of the CCP.

The three-week trial last year heard Duong was an operative of the United Front Work Department, a CCP program which aims to advance the goals of China in foreign countries, and he targeted Mr Tudge because he believed he could be a future prime minister.

Prosecutor Patrick Doyle SC said Duong’s conduct was “particularly insidious” and difficult to detect as he concealed his CCP links through his charity work, position as a Chinese community leader and loyalty to the Liberal Party.

Former federal minister Alan Tudge. Picture: David Crosling

In June 2020, Duong made a $37,450 donation to the Royal Melbourne Hospital, claiming the funds were to help frontline healthcare workers and to counter anti-Chinese sentiment during the pandemic.

He presented a novelty cheque and stood next to Mr Tudge as it was handed over to the hospital’s CEO at a media event organised by the minister’s office.

Mr Doyle said the donation was not itself an act of foreign interference but Duong was laying the groundwork to influence Mr Tudge in the future.

He said the case was not about espionage but rather about how the government of one country sought to interfere in the governance of others.

“It’s not really a case about spies as such. It’s a case about a much more subtle form of interference. It’s about influence,” he said.

Duong with Mr Tudge at the Royal Melbourne Hospital in June 2020. Picture: Twitter

In March 2019, Duong sent former Liberal president Robert Clark a list of ideas the Coalition should take to the federal election including that China be allowed to build high speed rail from Melbourne to Brisbane funded with mining resources and for Australia to join the Belt and Road initiative.

Duong’s lawyers said their client was a “big noter” who enjoyed showing off his connections but rejected allegations he was working for the Chinese government.

They pushed for a non-custodial sentence, pointing out Duong’s lack of prior convictions, age and that he was unlikely to reoffend because he had been “outed”.

But Judge Maidment said the offence was too serious for any sentence other than imprisonment, noting he had “exploited” his position to solicit donations for the hospital.

The judge said there was no suggestion Mr Tudge and Mr Clark had been improperly influenced by Duong and they were not implicated in any wrongdoing.

Duong was found guilty by a jury in December, making him the first person to be tried and convicted with a foreign interference offence since they were introduced in 2018.

Much of his trial was heard behind closed doors as protected witnesses gave evidence.

Duong, who required the assistance of a translator, grabbed a tissue and wiped back tears before he was led away from the dock by custody officers.