The Directorate of Public Prosecutions (DPP) has filed an application for a provisional arrest against Jin Houyun, pending his extradition to Mainland China, his home country, where he is wanted in connection with a case of theft by false pretences amounting to approximately E21.5 million.
The application was filed by Principal Crown Counsel Macebo Nxumalo from the DPP’s office yesterday before Principal Magistrate David Khumalo at the Manzini Magistrate’s Court.
Nxumalo filed the application in terms of Section 31 of the Criminal Procedure and Evidence Act 67/1938 as amended.
According to Nxumalo, on February 21, the Royal Eswatini Police Service (REPS) received correspondence from NCB Beijing, Mainland China, whereby the public security authorities in that country were investigating a case of illegal collection of deposits from the public, an offence otherwise known as theft by false pretences in Eswatini.
Nxumalo informed the court that it was reasonably believed that the suspect from January 2017 to December 2020, as the legal representative and actual controller of Xinlongyuan Company at that time, took the form of advertising and distributed leaflets in the name of investment and financial management without the approval of the Financial Supervision Department and without the qualification to absorb public deposits, using an annual rate of return of 8% to 10% as bait.
According to Nxumalo, a total of 1.51 billion Yuan (about 216 million US Dollars or E3.44 billion) of public deposits were illegally absorbed from unspecific groups of people, resulting in a total economic loss of 1.28 billion Yuan (about 183 million US Dollars or E3.02 billion) for more than 8 000 victims. Among them, the suspect, Houyun, made eight million Yuan (about 1.15 million US Dollars or E21.5 million) in personal illegal profits.
He highlighted that on May 27, 2022 the People’s Procuratorate of Chaoyang District; Beijing approved the arrest of Houyun on suspicion of illegally absorbing public deposits.
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Nxumalo mentioned that on July 15, 2022 the Interpol (International Criminal Police Organization) issued a Red Notice to Houyun numbered A-5716/7-2022.
An Interpol Red Notice is a worldwide alert sent to law enforcement to locate and provisionally arrest a person wanted for prosecution or to serve a sentence. It is not an international arrest warrant, but a request to assist in identifying and detaining individuals for potential extradition. It is requested by member nations based on valid national warrants.
“I accordingly and respectively apply that the honourable court grants the application in terms of Section 31 of the Criminal Procedure and Evidence Act 67/1938 as amended authorising the investigator and the Eswatini police service officers to arrest the suspect Houyun and bring him to justice in order to be dealt according to the law,” Nxumalo said. He further applied that Houyun be remanded into custody until March 11, pending the formal application of the extradition.
The application of Houyun’s provisional arrest was granted by the court.
Meanwhile, Houyun indicated that he intended to hire the service of an attorney when his right to legal representation was explained to him. He was duly advised by the magistrate to ensure that his lawyer was present in court when he makes his second court appearance next week Wednesday.
On another note, Houyun alleged that he was not afforded an opportunity to make a phone call at Sidwashini Correctional Centre, where he was currently kept. In response, Principal Magistrate David Khumalo stated that it was the responsibility of the Correctional Services to assist Houyun to make a phone call since he was under their supervision.
Houyun has a separate pending case at the Mbabane Magistrate’s Court before Principal Magistrate Fikile Nhlabatsi, where he is facing seven counts of fraud, five of contravening the Prevention of Corruption Act and one of contravening the Opium and Habit-Forming Drugs Act. This matter continues today.
