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The Hon Richard Marles MP

Deputy Prime Minister

Minister for Defence

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dpm.media@defence.gov.au

02 6277 7800

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6 June 2022

RICHARD MARLES:

On the 26th of May, a RAAF P-8 maritime surveillance aircraft was intercepted by a Chinese J-16 fighter, during routine maritime surveillance activity in the region of the South China Sea. The intercept resulted in a dangerous manoeuvre and conduct that threatened the safety of both the Australian aircraft and crew. What occurred was that the J-16 aircraft flew very close to the side of the P-8 maritime surveillance aircraft. In flying close to the side, it released flares, the J-16 then accelerated and cut across the nose of the P-8, settling in front of the P-8 at very close distance. At that moment, it then released a bundle of chaff which contains small pieces of aluminium, some of which were ingested into the engine of the P-8 aircraft. Quite obviously, this is very dangerous.

The crew of the P-8 responded professionally, and in a manner which would make us all feel proud, they returned the aircraft to its base. I've expressed a concern to the Chief of the Defence Force for the welfare of the Australian crew, and he has assured me that they are all unharmed. I directed the Department of Defence and the Chief of the Defence Force to make representations to the Chinese authorities about this incident in which we expressed our concern about what had occurred, and particularly, the manner in which the safety of the Australian aircraft and crew had been placed in jeopardy. Those representations have been made. I want to stress that the activity of the P-8 form part of maritime surveillance activity which has been undertaken by Australia, in the South China Sea for decades; other countries do the same. We're operating completely within our rights at international law. Because the South China Sea matters to Australia. It matters to Australia, because most of our trade traverses the South China Sea. And so, as a nation, we are deeply invested in the UN Convention on the Law of the Sea, we are deeply invested in the rights of freedom of navigation in the South China Sea. And so, to that end I want to make it also very clear that this incident will not deter Australia from continuing to engage in these activities, which are within our rights and international law to assure that there is freedom of navigation in the South China Sea, because that is fundamentally in our nation's interest. Questions?

JOURNALIST:

Is this the first contact that the government has had with the Chinese military since it came into power?

RICHARD MARLES:

Yes, it is.

JOURNALIST:

And have they responded?

RICHARD MARLES:

Look, I'm not going to go into the response of China, that's ultimately a matter for them. What I'm concerned to convey to the Australian public today is the actions that we have taken as a government, in terms of pursuing Australia's national interest.

JOURNALIST:

Will this escalate tensions?

RICHARD MARLES:

Well, we have seen Chinese activity in the South China Sea over a number of years now. I think the important point to make is that Australia's national interest lies in the ability of nations at international law to be able to engage in freedom of navigation through the South China Sea, it's really important that we're able to do that. And obviously, we do not want to see an increase in militarization in the South China Sea. This is a body of water, which is deeply connected to Australia because of our trade, which goes through there. And so, what's important is to let the Australian public know what's occurred that we have made representations to the Chinese government, but we will not be deterred from engaging in the activities which we are entitled to at international law in the future.

JOURNALIST:

Minister, can I just ask, in terms of the timing of this, we're told May 26, was that during military exercises with other nations?

RICHARD MARLES:

I don't believe so.

JOURNALIST:

Can I just ask, are you able to tell us whereabouts it was in the South China Sea?

RICHARD MARLES:

I'm not going to answer that. I do know the answer to that, but we will keep that outside the public domain. It was though in the South China Sea region.

JOURNALIST:

Can I ask also too, why should we believe anything other than it is the clear intention, no matter what China might say, to drive all other militaries out of the South China Sea, and along with, surely that is the purpose, and that's the trajectory of what we're seeing?

RICHARD MARLES:

I think we have seen them, I've said this on many occasions, under President Xi, an attempt to shape the world around China in a way that we've not seen before. I think what we are seeing from China, in relation to the South China Sea is an assertion of sovereignty on its part, which is inconsistent with the UN Convention on the Law of the Sea. What matters from an Australian point of view is that we're able to maintain the South China Sea as a body of water where the global rules based order applies, which involves freedom of navigation. It matters to us, because we do navigate through those waters with most of our trade. And so, we will continue to assert our rights at international law, because that is where our national interest lies.

JOURNALIST:

Do you genuinely believe that in the long run, that China is actually going to allow that, that no matter what it says, that will not make space there, and eventually it wants to squeeze everybody else out?

RICHARD MARLES:

Well, what matters is our intent. And Australia's intent is to maintain the rule of law in the South China Sea, and we will continue to do that. Now, we’ll continue to do that, obviously, through the trade that traverses the South China Sea. But we will continue to do that through the routine maritime surveillance activities that the Australian Defence Force conducts in the South China Sea. And we're not going to be deterred by this incident from conducting those activities in the future, because it's fundamentally important to Australia's national interest.

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