One of the legacies of the conviction in March of Stern Hu and several of his former colleagues at Australian mining giant Rio Tinto is a distinct concern among the foreign business community as to the risk of criminal liability for possessing and obtaining certain types of sensitive information. Over the past nine months, the arrest and eventual jailing of the Rio Tinto employees have brought two controversial aspects of the PRC legal system under the microscope: the PRC state secrets regime and laws concerning commercial secrets.
There have recently been significant developments in each of the legal areas implicated in the Rio affair. On April 26 2010, the State Assets Supervision and Administration Commission (Sasac) issued
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