Pair convicted for abalone dealing to be deported

The Khayelitsha Priority Crimes Court has declared two Chinese nationals as undesirable persons effectively barring them from ever entering the Republic of South Africa after they serve their prison term attributed to dealing in abalone.

Lin Liuyi (28), and Yang GuiKang (45), were arrested on 27 August 2019, when a Hawks’ Organised Crime Investigation led a multidisciplinary team that included Crime Intelligence, Special Task Force and Department of Agriculture, Forestry and Fisheries (DAFF). The team conducted a search and seizure operation at two dwellings along Sering Avenue and Kasselsvlei Road Belleville in Cape Town.

Freshly harvested, dried and cooked abalone valued at approximately R2 million was seized as well processing equipment. The pair subsequently made several court appearances where investigators successfully opposed their bail attempt. The pair opted to enter into a plea agreement after realising that the evidence presented against them was insurmountable.

The charges included count (1), unlawfully operating a fish processing establishment, of which each was sentenced to eighteen (18) months direct imprisonment, twelve (12) months suspended for a period of five (5) years. Count (2), Landing, Selling, receiving or possession of fish taken in contravention of the Marine Living Resources Act, each sentenced to 12 months direct imprisonment half of which is suspended. Count (3), Transportation or possession of abalone, each of the accused is sentenced to a term of 12 months direct imprisonment of which half is suspended and lastly for Count (4), they were each sentenced to three months direct imprisonment for contravening the Immigration Act in that they entered or remained in the Republic of South Africa unlawfully. The court further declared that the accused are to be deported back to their country of origin after they serve an effective prison term of six (6) months.

In terms of the Prevention of Organised Crime Act, the court made the following orders in addition to the sentence, the accused are to forfeit all benefited proceeds of their unlawful activities. The confiscated amount is to be paid into the Criminal Assets Recovery Account (CARA) and the State’s Attorney account. A Mercedes Benz ML 350 valued at R150 000 has also been forfeited to the State.