Chinese authorities have not detailed Dr Yang's alleged offences but those close to him believe it is as a result of his academic work and pro-democracy activism. Senator Payne told ABC's PM program that she had no information to support the accusation that Dr Yang was spying for any other country. She said the espionage offence is eligible for the death penalty in China "but we don’t have enough detail on the nature of the charges that may be laid to concern that at this stage". High-profile Chinese human rights lawyer Mo Shaoping confirmed that Dr Yang had been formally arrested. Dr Yang's wife collected the official notice in Beijing on Tuesday. A close friend of Dr Yang said a trial was now on the horizon. Chinese-Australian writer Yang Hengjun.

Lawyer Shang Baojun, who is acting in Beijing for Dr Yang, said the notice says he was arrested on August 23. "Only when the case is handed over to the prosecutors, can we see the evidence. Then we can estimate the consequence," he said. "There will be an investigation over the charge, at least for two months. If they find him guilty, the case will be handed over to prosecutors." "He is now charged with espionage although the charge sheet doesn't particularise the form of espionage," said Dr Yang's Australia-based lawyer Rob Stary. "We believe it will be alleged that he was spying for Australia." High-profile barrister Julian McMahon has been recruited to assist with the case which will further complicate already tense relations between Beijing and Canberra. Since an anti-espionage law was introduced in 2015, nine people have been prosecuted and five Japanese people have been sentenced for espionage, with the longest sentence 12 years. Several of the investigations took three years from arrest to sentencing. In the most recent case, a Japanese man was sentenced to 5½ years in prison in May.

Senator Payne said in a statement that Dr Yang had been held in Beijing "in harsh conditions without charge for more than seven months. "Since that time, China has not explained the reasons for Dr Yang's detention, nor has it allowed him access to his lawyers or family visits." Senator Payne said she had twice discussed the detention with Chinese Foreign Minister Wang Yi and had written to him three times, outlining the Australian government's concerns about his welfare. "It is important, and we expect, that basic standards of justice and procedural fairness are met. I respectfully reiterate my previous requests that if Dr Yang is being held for his political beliefs, he should be released," she said. "I will continue to advocate strongly on behalf of Dr Yang to ensure a satisfactory explanation of the basis for his arrest, that he is treated humanely and that he is allowed to return home." Dr Yang 'faces the prospect of the death penalty and we need to take action'. Rob Stary, lawyer

Senator Payne said the government expected China to abide by the Universal Declaration of Human Rights, including its prohibitions on torture, inhumane treatment and arbitrary detention, and its protection of freedom of thought. Labor's foreign affairs spokeswoman, Penny Wong, said the opposition was "deeply concerned and dismayed" by news of the arrest. "Labor has been briefed by the Foreign Minister's office and is fully supportive of the Australian government's efforts to advocate for Dr Yang's interests," Senator Wong said. Loading "We continue to call on the Chinese government to clarify the reasons for Dr Yang’s detention and to ensure Dr Yang is treated in a fair, unbiased and transparent manner in accordance with international human rights law. We join the government's request that if Dr Yang is being detained purely for his political views then he should be released."