First person jailed under foreign interference laws

Di Sanh Duong was found guilty of preparing an act of foreign interference within Australia. (Con Chronis/AAP PHOTOS)

Photographers gathered for an innocuous media call at a Melbourne hospital, where a novelty cheque was handed over.

It was a few months into the COVID-19 pandemic and a group of Vietnamese, Cambodian and Lao community members poured more than $37,000 into what they thought was a charitable donation.

But the man who organised the cheque was using it on behalf of the Chinese Communist Party, to get closer to a federal cabinet member he believed would one day become prime minister.

Di Sanh "Sunny" Duong will spend his first night behind bars on Thursday, after a judge jailed him for becoming the first person guilty under Australian foreign interference laws.

The 68-year-old grabbed tissues to dab away his tears, after being handed a two-year and nine-month sentence at the County Court on Thursday.

He will be eligible for release after serving 12 months.

The noevlty cheque presentation (file image)
Alan Tudge (left) and Sunny Duong (second from right) pose with the novelty cheque in 2020.

Duong was a member of Victoria's Liberal Party and unsuccessfully ran as a state parliament candidate in 1996.

As a prominent member of the Chinese community, Duong was an ideal target to work as an agent for the CCP's United Front Work Department.

He began his approach in 2019, when he sent the then-president of the Victorian Liberals and former state MP Robert Clark policy suggestions about China ahead of the federal election.

The following year, he approached federal cabinet minister Alan Tudge.

When the COVID-19 pandemic hit in early 2020, Duong started raising money from members of the Oceania Federation of Chinese Organisations from Vietnam, Cambodia and Laos, of which he was president.

He planned to spend the money on exporting medical supplies, including gloves and masks, from China to Australia.

Duong collected $37,450, but was unable to secure a shipment of the goods and instead decided to donate it to the Royal Melbourne Hospital.

He contacted Mr Tudge's office in April 2020 to discuss the donation and arrange a media opportunity.

Alan Tudge (file image)
Alan Tudge was a federal cabinet minister when Di Sanh Duong approached him.

On June 2, 2020, Mr Tudge, Duong and a handful of reporters and photographers gathered at the hospital, touring the intensive care unit before the cheque was handed over in front of cameras.

This was done to cultivate a relationship with Mr Tudge, with the goal of influencing him in the future on behalf of the CCP.

Duong became the first person charged under laws, implemented in 2018 to prevent foreign interference with domestic politics.

He faced a trial in the County Court in 2023, where he was found guilty by a jury of preparing for or planning an act of foreign interference.

Duong's lawyers claimed the money was raised only to help frontline healthcare workers during the pandemic and combat anti-China sentiment.

But Judge Richard Maidment rejected this on Thursday.

Duong deliberately selected Mr Tudge "as a target of the future foreign influence" due to his political power as a federal minister, the judge said.

"You believed that he could potentially be persuaded to influence Australian government policy in a manner favourable to the Chinese Communist Party," Judge Maidment said.

"The attraction of this potential benefit was enhanced by your stated belief that Minister Tudge would, in the future, become the prime minister of Australia."

Duong had exploited his status as a community leader, his good reputation, lack of prior criminal history, and Liberal Party ties to aid in the offending, Judge Maidment said.

He said a term of imprisonment was the only appropriate sentence.

Di Sanh Duong arrives at the County Court of Victoria
Di Sanh Duong must spend at least 12 months behind bars.

The sentence fell on the same day as national spy agency ASIO revealed a former politician was recruited by a foreign spy ring.

Judge Maidment said the news was "impossible to ignore", but made clear he had not been influenced by anything said in the press.

Duong, who was on bail throughout the court proceedings, was escorted out of the court by custody officers.

He will be placed on a four-year good behaviour bond, and must pay $3000, after serving at least a year of his sentence.

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store