25
71.
On October 31, 2008, an order was issued in case 2008-06370-0-0701-JR-PE-1,
concerning the appeal filed to challenge the warrant for Mr. Wong Ho Wing’s provisional arrest. The
court agreed to hear the appeal and an order was given to file the corresponding motion with the
Superior Court’s Criminal Chamber.
72.
On November 3, 2008, Office No. 24 of the Ministry of Public Security of the People’s
Republic of China requested Mr. Wong Ho Wing’s extradition. In that request, it stated that the crimes
of which he was suspected –smuggling of ordinary merchandise, the crime of money laundering and the
crime of bribery- were violations of the provisions of the Criminal Code of the People’s Republic of
China, specifically its articles 153, 154, 191, 389 and 390. The extradition request also stated that:
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,
20
as they are the at the center of the case against him.
73.
On November 5, 2008, the Embassy of the People’s Republic of China sent a
communication to the Office of the Director General of Legal Affairs of Peru’s Ministry of Foreign Affairs,
in which it requested that “the necessary arrangements be coordinated with the competent Peruvian
authorities to ensure that the individual is under provisional arrest before the arrival of the Chinese
mission to officially begin the extradition process.”21
74.
On November 13, 2008, the Embassy of the People’s Republic of China sent a
communication to the Office of the Director General of Legal Affairs of Peru’s Ministry of Foreign Affairs
in which it requested, “under the provisions of the Extradition Treaty between the People’s Republic of
China and the Republic of Peru, the extradition of suspect Wong Ho Wing for the crimes of smuggling,
money laundering and bribery, so that he may be turned over to the judicial authorities in the People’s
Republic of China.”22
75.
On November 14, 2008, the Office of the Director General of Legal Affairs at Peru’s
Ministry of Foreign Affairs received a memorandum from the Embassy of the People’s Republic of China
enclosing an extradition request from Office No. 24 of the Chinese Ministry of Security, written in
Spanish and Mandarin. The relevant parts of that request read as follows:
In the period between August 1996 and May 1998, the smuggling ring headed by suspected
criminals Huang Hai Yong, Pan Zi Niu (fugitive) and Shao Hi (female, fugitive) hatched the scheme
and used the businesses under their management as a front (…) [and] he thus evaded Customs
inspection and was able to import, duty free, 107.4 thousand tons of crude soybean oil to sell in
the country and reap the proceeds of the transaction; the value came to 1.215 million yuan; the
tax amounted to 7.17 hundred million yuan (...). Huang Hai Yong also bribed the customs officers
20
Annex 8. Extradition request dated November 3, 2008. Attachment to the State’s communication received at the
IACHR on October 25, 2010.
21
Annex 9. Brief N.V. No. 033/2008 dated November 5, 2008.
22
Annex. 10. Brief N.V. No. 036/2008 dated November 13, 2008.