GuShiio.com Author: Xiao sa’s legal team
At the end of 2018, Huang, an online celebrity coin circle in ldquo; & rdquo;, a downtown area of Hong Kong, China, was sentenced to 10 days in prison, suspended for one year, for disturbing public places. The misdemeanor changed his name, and Huang became very popular. In 2019, Huang fled the country without trace because he was successively caught up in the “mining machine” fraud and the JPEX fraud. According to Hong Kong media, the two have fled to hide in a Southeast Asian country after fleeing to live in Taiwan in 2023.
Huang became famous for throwing money in Sham Shui Po in 2018.
In 2024, after the Chinese Hong Kong police applied and funded, Interpol issued a red arrest notice (ldquo; Hongtong & rdquo;) against the absconded Huang and his assistant, and a large-scale global cooperative manhunt was launched.
Today, Sister Su’s team will talk to you about the impact of ldquo; Hongtong & rdquo; on currency-related criminals. Does the cross-border pursuit by & ldquo; Hongtong & rdquo; necessarily mean that he will be repatriated by the host country? And why do we think that Interpol may be more ruthless than the ldquo; extradition agreement & rdquo;?
01 & ldquo; HongTong & rdquo; Vs. Who is more ruthless in the extradition agreement?
The International wanted order of Interpol is divided into seven levels, among which the Red Notification (red notice) is commonly known as the “Red wanted notice”. It is one of the international notices issued by Interpol member States when they ask other countries to assist in the investigation of crimes. It is the highest-level wanted order and is valid for five years.
The red notice contains detailed information about the wanted person, such as name, sex, date of birth, nationality, crime, photo, fingerprint and other relevant information that helps to identify and locate the individual. Once issued, red notices will be sent to all member States of Interpol, requiring them to take action within their respective jurisdictions to assist in finding and arresting the fugitive.
It should be noted that & ldquo; red warrant & rdquo; is actually not an arrest warrant and does not have coercive force. In fact, Interpol’s & ldquo; red warrant & rdquo; is an alarm system for the arrest and repatriation of fugitives, not an international arrest warrant. Upon receipt of the red notification, the central bureaus of Interpol member States may immediately arrest wanted persons and carry out international extradition with reference to the relevant laws of their countries. Whether or not extradition can be made depends on whether the member State sending the notification and the country (or region) where the suspect is located have signed bilateral treaties on extradition, international conventions containing extradition provisions and relevant domestic legislation, reference will also be made to the political relations between the member State that sent the notification and the country (or region) where the suspect is located.
So far, China has signed extradition treaties with 58 countries, of which 42 have entered into force (see the list at the end of the article), and have concluded criminal judicial assistance treaties with a number of countries.
02 an example of a coin ring man who fled physically to a country without an extradition agreement and was arrested with the help of a red warrant
(1) the case of Quan Daoheng
Quan Daoheng is the co-founder of blockchain platform Terra. In 2022, Quan Daoheng tried to build a lsquo; algorithm stabilizer currency, rsquo; UST, to keep its value at $1 without any reserve support, but failed in 2022 and lost more than $80 billion (70 billion pounds) in value.
The jurisdiction of the Quan Daoheng case is more complex, it is a cyber crime, the victims spread all over the world, and he fled around the world for a long time after the crime, and the United States, South Korea and other countries have filed criminal cases against him. South Korea finally chose to pay for Interpol and asked to release & ldquo; Hongtong & rdquo;, Quan Dao Heng for a global manhunt, and Quan Dao Heng was eventually arrested in Montenegro. (note: there are extradition treaties and mutual legal assistance precedents between the Republic of Montenegro and the United States, but there is no extradition agreement between Montenegro and South Korea.)
(2) the Blue Sky Gerui Qian Zhimin case
Sister Sally’s team has done a lot of analysis on the case of Lantian Gerui’s crime of illegally absorbing public deposits, and the recovery of stolen goods in the case is still in progress. What is worth noting in this case is that after Qian Zhimin absconded with tens of thousands of bitcoins, China soon applied for Interpol to release ldquo; Hongtong & rdquo;, and carry out global arrest work.
Subsequently, Qian Zhimin absconded with a large sum of money to Britain, where there was no extradition agreement with China, and slowly laundered money through white gloves and hid in a British mansion for a long time. Finally, because its money laundering method is too rough, it attracted the attention of the British judicial department. After verifying that it is really effective-ldquo; Hongtong & rdquo; personnel, the British judicial authorities arrested him.
The Sister Sister team particularly reminded that, according to the information made public by the British media, China has successfully persuaded the return of suspects who fled to the UK through ldquo; Hongtong & rdquo; (the British judiciary carried out the arrest).
03 what is the possibility that Huang will be extradited to China?
Huang fled to Taiwan at the end of 2023 and lived there for a period of time, but has now moved to Southeast Asia to hide, according to Hong Kong media reports.
Judging from the information announced on Interpol Hongtong, Huang is involved in one count of fraud and two counts of theft, and according to the agreement on the surrender of fugitives between Hong Kong, China and these Southeast Asian countries, generally speaking, serious crimes such as fraud and theft are extraditable crimes and are in line with the international general understanding that serious crimes should be punished and the requirements of judicial cooperation. After landing there, there is a high probability that he will be extradited to Hong Kong, China for trial.
Therefore, if Huang is arrested in Southeast Asia and other countries that have extradition regulations with China, and if the Hong Kong police in China can provide sufficient evidence to support the charges against Huang when applying for extradition, in order to meet the legal requirements of Southeast Asian countries for the evidence of extradition cases and meet the evidence standards set by these countries, the probability of being extradited to China for trial is still very high.
However, it should be noted that due to the decentralized nature of cryptocurrency, there are differences in the regulatory and legal framework of cryptocurrency, which may make the case more complicated. However, the Hong Kong police in China can actively seek the cooperation of Interpol.
On the one hand, Interpol’s transnational information sharing network can help the Hong Kong police in China quickly understand the latest developments of fugitives, especially the capital flows and transaction records of encrypted currencies, and track down their whereabouts and criminal actions. so as to clarify Huang’s flight path and determine whether Huang’s country and country have clear extradition regulations.
On the other hand, Interpol can promote the crackdown on the crime of encrypted currency by coordinating technical support and cooperation in countries that do not have a sound regulatory framework for encrypted currency.
In this regard, the HAECHI initiative initiated by Interpol is now in its fifth phase. In Operation HAECHI V, which was launched from July to November 2024, Interpol, with its global influence, coordinated international efforts to track down individuals suspected of being involved in encryption-related crimes and trace related proceeds.
Can Huang be extradited to a country that has not signed an extradition agreement with China to stand trial?
Even if Huang flees to a country that does not have extradition agreements with Hong Kong and the mainland, it does not mean that Huang cannot be extradited to stand trial.
As mentioned earlier, Kwon Dao Heng was arrested in the Republic of Montenegro while fleeing to Serbia, and South Korea, Hong Kong, China, and Singapore also submitted extradition requests to the court of Podgorica in Montenegro, even though South Korean prosecutors issued an Interpol red warrant for Kwon Dao Heng as early as 2022, the court of Montenegro finally ruled that Kwon Dao Heng be extradited to the United States, rejecting South Korea’s extradition request.
This shows that the red arrest notice itself does not force extradition, but is more of a call for international cooperation and cannot impose binding force and enforcement on the Republic of Montenegro. Since there was no direct extradition agreement between the Republic of Montenegro, the United States and South Korea, the court finally ruled that Quan Dao Heng would be extradited to the United States.
It is worth noting that if Huang is suspected of transferring funds through encrypted currencies or other means, Interpol can help track the flow of funds, especially in the absence of a unified global regulatory framework for encrypted currencies. Interpol can also coordinate international cooperation to help States freeze and seize assets suspected of being related to criminal activities. In this regard Interpol has repeatedly used I-GRIP and ARRP tools to intercept cross-border suspicious payments and help identify and freeze cryptocurrency assets related to illegal criminal activities in the ldquo;HAECHI” operation it advocates. The role of ARRP is to ensure that once assets are identified as involved in a crime, they can be frozen in a timely manner to prevent further transfer or cleansing, and it enables police agencies to submit and process requests to track, intercept or temporarily freeze the proceeds of illegal crime.
If Huang’s fugitive country signs a criminal judicial assistance treaty with China, Interpol can act as an intermediary to assist in the transmission of information, the provision of evidence and other judicial cooperation. Therefore, although Interpol has no direct authority to carry out extradition procedures, it can promote international cooperation and help coordinate transnational mutual legal assistance.
05 is written at the end
Currency circle partners must not fall into such a misunderstanding: as long as I am in a physical situation, change my nationality and never return home, I can do whatever I want in the world of & ldquo; chain & rdquo;. In fact, as long as it is a major criminal offence against our residents, even if we escape to a country where there is no extradition agreement and legal assistance precedent with our country, ldquo; Hongtong & rdquo; is still a sharp sword hanging over our head.
To tell you the truth, once suspected of a criminal offence, whether the suspect is extradited or not is not that important, so it is an extremely painful experience in any country. Therefore, currency circle partners must pay attention to criminal risks and do not take chances.
Annex: list of countries that have signed extradition treaties with China
The 58 countries that have signed extradition treaties with China include:
Russia, Bulgaria, Kazakhstan, Belarus, Mongolia, Romania, Thailand, Ukraine, Uzbekistan, Cambodia, South Korea, Peru, Lithuania, Laos, Kyrgyzstan, United Arab Emirates, Republic of South Africa, Kingdom of Lesotho, Tunisia, Philippines, Spain, Pakistan, Portugal, Namibia, Algeria, Azerbaijan, Mexico, Angola, Brazil, Bosnia and Herzegovina, France, Italy, Iran, Tajikistan, Afghanistan, Ethiopia, Indonesia, Barbados, Grenada, Argentina, Australia, Vietnam, Chile, Sri Lanka, Morocco, Congo, Belgium, Ecuador, Turkey, Kenya, Cyprus, Senegal, Mauritius, Zimbabwe, Panama, Uruguay, Armenia, Botswana.
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Reading the original text
