Home News Prosecution to rely on UN treaty in Chinese fugitive’s extradition
News

Prosecution to rely on UN treaty in Chinese fugitive’s extradition

Share
Jin Houyon directing his gaze at his defence counsel and prosecution team before his remand. (Pic: Sibusiso Shange)
Share

MBABANE – Should the Kingdom of Eswatini proceed with the extradition of the Chinese businessman who is wanted in his home country, the process is likely to rely on the principle of reciprocity or the United Nations Convention against Transnational Organised Crime (UNTOC).

The principle of reciprocity in law refers to a mutual arrangement between States, whereby one country agrees to extradite or provide legal assistance to another on the expectation that the same cooperation will be extended if the situation is reversed.

Another possible legal basis is the UNTOC, an international treaty aimed at strengthening cooperation among countries in combating serious cross-border crimes.

A legal expert explained that when the director of public prosecutions (DPP) eventually files a formal application for extradition, the court papers will have to specify the legal basis for the request.

“In circumstances where there is no extradition treaty between two countries, the requesting State may rely on the principle of reciprocity, meaning that States cooperate on the understanding that similar assistance will be provided in the future,” the expert said.

Eswatini is a signatory to the convention, which allows member States to cooperate on matters such as extradition, mutual legal assistance and law-enforcement cooperation in cases involving organised crime.

This is according to a legal expert who explained that Eswatini does not have a bilateral extradition treaty with Mainland China, unlike its arrangement with the Republic of South Africa.

The development follows the arrest of 57-year-old Chinese businessman Jin Houyun, who is wanted by authorities in his home country over alleged large-scale financial involving billions of Yuans.

Chinese authorities have since approached the courts in Eswatini, pleading that the suspect should not be granted bail and should remain in custody, pending extradition proceedings.

According to court documents filed before the Manzini Magistrates Court, the request for Houyun’s provisional arrest and repatriation was communicated through NCB Beijing, the Chinese National Central Bureau of Interpol, which alerted Eswatini authorities that the suspect was wanted in connection with a massive public deposits scam.

*Full article available on Pressreader*

Share

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Don't Miss

‘Cat’ Matlala ID saga: Home Affairs official dismissed

MBABANE – Nonhlanhla Malambe, the Home Affairs official found guilty over the issuance of Eswatini national documents to Vusimuzi ‘Cat’ Matlala, has been...

 MaMkhize absent as Eswatini team suffer 2nd  defeat

NHLANGANO – Mbabane Highlanders AM suffered another painful defeat without President Shauwn ‘MaMkhize’ Mkhize in the stands, as Nsingizini Hotspurs edged them 1-0...

Ex-magistrate, another allegedly disobey court orders

MBABANE – Jail time has been sought for former Magistrate Dumisani Magagula and an individual with whom he is alleged to have disobeyed...

10-litre container of drugs allegedly found with clinic guard

VUVULANE – Community members reportedly recovered a 10-litre container of medication from a security guard at Vuvulane Rural Clinic, raising concerns of theft....

Indlovukazi arrives in UAE for official visit

Her Majesty Indlovukazi has arrived safely in the United Arab Emirates (UAE) where she is on an official visit. Her Majesty arrived around...

Related Articles

Lavumisa town plans 354-hectare industrial park- CEO Seyama

MBABANE – Lavumisa Town Board is pursuing plans for a 354-hectare industrial...

Huge salary gaps spark complaints – minister

EZULWINI – Minister for Commerce, Industry and Trade Manqoba Khumalo has put...

Eswatini politicians too good for Lesotho counterparts

MASERU-Eswatini parliamentarians proved to be too good for their Lesotho counterparts during...

Dagga trade drives sex workers to Madlangampisi

MADLANGAMPISI - Madlangampisi residents have voiced their concerns over what they called...