Fiji and China do not have an extradition treaty and the 77 Chinese nationals were repatriated in 2017 under the provisions of the Mutual Assistance in Criminal Matters Act 1997.
Minister for Home Affairs and Immigration Pio Tikoduadua highlighted this in the Parliament last week while responding to Assistant Minister for Foreign Affairs Lenora Qereqeretabua’s question on the repatriation of the Chinese nationals from Nadi International Airport in 2017.
Mr Tikoduadua told the Parliament that the Mutual Assistance in Criminal Matters Act 1997 allowed for cooperation between countries in criminal investigations and the enforcement of legal measures.
“Specifically, Section 9 of the Act enables foreign countries to request assistance in criminal matters, and Section 13 permits the Attorney-General to authorise search and seizure operations in response to such requests,” he said.
“Consequently, detention warrants and removal orders were issued for these individuals.
“The breaches of their visitor permit conditions, as outlined in Section 9(2) and Section 64(1)(k) of the Immigration Act 2003, warranted their repatriation.”
He said these measures were necessary to uphold Fiji’s laws and maintain public order.
“The repatriation process ensured that the 77 Chinese nationals were deported from Nadi International Airport back to their home country.”
In July 2017, a joint operation was conducted involving the Fiji Police Force, the Department of Immigration, and the People’s Republic of China Police.
This operation targeted cyber-related crimes perpetrated by Chinese nationals in Fiji.
Mr Tikoduadua said the operation was executed under the framework of the Mutual Assistance in Criminal Matters Act 1997 and was conducted simultaneously in Indonesia, China, and six locations in Nadi, Fiji.
“Upon the approval and invitation from the Fiji Police Force, a Chinese delegation of seven police officers arrived in Fiji to assist with the investigations.
“The operation on July 18, 2017, involved six teams comprising Fiji police officers, Immigration officials, Chinese police officers, and interpreters from the Chinese Embassy.
“The operation took place in six locations within the Nadi area: Nakurakura, Naisoso, Bountiful, Votualevu, Legalega, and Meiganiya. This effort led to the apprehension of 77 Chinese nationals involved in the cyber-related crimes.”
He said the individuals had arrived in Fiji between May and June 2017 on four-month visitor permits.
“Investigations revealed that they were operating from rented dwelling houses set up as operation centres to entice victims into fraudulent online betting schemes.
“Given their actions, the Department of Immigration recommended that these individuals be declared prohibited immigrants under Section 13(2)(g) of the Immigration Act 2003.
“They were placed under house arrest in Legalega and Naisoso pending further action.”