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漢龍前高管被引渡至澳大利亞受審

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A mining executive has been extradited from Hong Kong to Australia to face 104 charges related to insider trading, in one of the biggest cases of its type to be prosecuted in the country.

一名礦企高管被從香港引渡到澳大利亞,將面臨與內幕交易相關的104項指控,這是在澳大利亞提起公訴的同類案件中最大的案件之一。

Hui Xiao, who is the former managing director of Hanlong Mining Investment, was on Friday accused of procuring his wife and others to buy shares in companies in which he had insider knowledge that they were the subject of proposed takeovers.

肖輝曾是中國的漢龍礦業投資有限公司(Hanlong Mining Investment)前總經理。週五,他被指控利用內幕消息,通過他的妻子和其他人買入擬議收購對象的股票。

漢龍前高管被引渡至澳大利亞受審

The Australian Securities and Exchange Commission, which investigated the case, said the charges related to suspected insider trading in financial products related to Sundance Resources and Bannerman Resources. Both companies were the subject of proposed takeover offers by the Chinese company Hanlong Mining, which subsequently did not go ahead.

調查該案件的澳大利亞證券和投資委員會(ASIC)稱,本案的指控涉及與礦企Sundance Resources和Bannerman Resources有關的金融產品的疑似內幕交易。這兩家公司曾是漢龍礦業擬議收購的對象,但最後沒有被收購。

Each offence carries a maximum penalty of 10 years in prison.

每一項罪名的最高刑期爲10年監禁。

The charges laid against Mr Xiao follow the sentencing to death of Liu Han, the former chairman of Hanlong Group – parent of Hanlong Mining – by a Chinese court in a separate legal case in February.

在肖輝遭到指控之前,漢龍集團(Hanlong Group)前主席、漢龍礦業的創始人劉漢今年2月在中國法庭上因另一起案件被判死刑。

Mr Liu was detained in March 2013 when Hanlong Mining’s A$1.4bn bid for the Australian-listed company Sundance Resources ran into trouble and was subsequently dropped.

劉漢在2013年3月被拘留,當時漢龍礦業出價14億澳元收購在澳大利亞上市的Sundance Resources遭遇困難。這筆交易最後不了了之。

He was accused of participating in organised crime and mafia-related activities in a case that appeared linked to a political purge against Zhou Yongkang, China’s former security chief.

他被指控參與有組織犯罪和黑社會活動,該案件似乎與針對中國前中央政法委書記周永康的政治整肅行動有關。

Mr Xiao, who is also known as Steven Xiao and Jiayi Xiao, was not required to enter a plea when he appeared in a Sydney court on Friday. No application for bail was made to the court and the matter was adjourned until November 26.

肖輝,又名肖迦一,英文名Steven。當他週五在悉尼法院出庭時,並未被要求作出認罪還是不認罪的申辯。法庭沒有接到保釋申請,該案將在11月26日再度開庭。

Asic began its insider probe in September 2011, and has already successfully prosecuted Bo Shi Zhu, a former vice-president of Hanlong Mining. Bo was sentenced to two years and three months’ jail after pleading guilty to three counts of insider trading last year.

ASIC從2011年9月開始對內幕交易展開調查,已經成功地公訴漢龍礦業前副總裁朱博施。去年,朱博施在承認3項內幕交易指控後被判處2年零3個月的監禁。

Mr Xiao was allowed to leave Australia for Hong Kong in November 2011 subject to a court order, which stipulated he should return within several days.

根據一項法庭命令,肖輝在2011年11月獲准離開澳大利亞前往香港,並被要求在幾日內返回澳大利亞。

He failed to return and applied for asylum in Hong Kong, where he was represented by Robert Tibbo, the lawyer who acted on behalf of former US National Security Agency contractor Edward Snowden.

肖輝並未返澳,而是在香港申請庇護,他在香港的代表律師是羅伯特•蒂博(Robert Tibbo),該律師曾代表美國國安局(US National Security Agency)前合同工愛德華•斯諾登(Edward Snowden)。

After a three-year legal battle, Mr Xiao was extradited to Australia on Friday.

在3年的訴訟戰後,肖輝本週五被引渡至澳大利亞。

Australian authorities have seized A$792,000 and restrained a further A$586,000 under the proceeds of crime act in relation to the investigation.

根據犯罪所得收益追繳法,澳大利亞當局已經在調查中沒收了79.2萬澳元,還凍結了另外58.6萬澳元。

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