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for his smuggled goods, and on August 20, 1998, sent overseas a total of 4.048 million United
States dollars in three different transfers (in the meantime, 1.29 million US dollars were
transferred to the city of Lima, Peru).
[…]
The actions described above violated the provisions of the Criminal Code of the People’s Republic
of China, and should be punished. Under articles 153, 154, 191, 389 and 390 of the Criminal
Code of the People’s Republic of China (…), these acts were suspected of being the crimes of
smuggling of ordinary merchandise, money laundering and bribery. In August 1998, the criminal
escaped to the United States by way of Hong Kong. On March 16, 2001, the Office of the
People’s Prosecutor for the Wuhan Municipality in Hubei province approved the decision to
arrest Huang Hai Yong on suspicion of smuggling ordinary merchandise (…). Under Article 88 of
the Criminal Code of the People’s Republic of China, there shall be no limitation on the period for
prosecuting criminals who evade investigation once the state security organ has them under
investigation or criminals who evade punishment once their case is docketed with the People’s
Court.
[…]
In order to punish the crime and preserve law and order, and pursuant to the articles of the
Extradition Agreement concluded between the People’s Republic of China and the Republic of
Peru, this request is hereby directed to your country’s institution of justice asking that the
suspected criminal be held in custody and to apply for his extradition, so that he can be returned
to China as soon as possible, and to ask that his assets in your country be frozen and confiscated,
as they are the at the center of the case against him. This Office pledges its cooperation
whenever a similar reciprocal request is forthcoming from your country and is within this office’s
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purview.
76.
Attached to the extradition request were copies of Mr. Wong Ho Wing’s identification
documents, an order for his arrest, records of financial transactions and movements, the total taxes he
is alleged to have evaded, and excerpts from China’s Criminal Code concerning the statute of limitations.
Also attached to the request was a Spanish translation of articles 153, 154, 191, 389 and 390 of the
Chinese Criminal Code, with the following text:
Criminal Code of the People’s Republic of China, Article 153, paragraph 1: Whoever smuggles
goods and articles and evades the taxes owed when they amount to not less than 500,000 yuan
shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment,
and concurrently be sentenced to a fine of not less than the tax owed and not more than five
times that sum or confiscation of his property. If the circumstances are especially serious, the
offender shall be punished according to the provisions of the fourth paragraph of Article 151 of
this Code.
[…]
Criminal Code of the People’s Republic of China, Article 154: Acts of smuggling that are crimes
under the following subparagraphs of this article shall be sentenced according to Article 153:
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Annex 8. Extradition Request issued by Office No. 24 of the Ministry of Public Security, dated November 3, 2008.
Attachment to the State’s communication of November 10, 2011, received at the Commission that same day.