Document - China: Businessman detained, tortured: Wu Wai Sing

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UA: 231/12 Index: ASA 17/026/2012 China Date: 6 August 2012URGENT ACTION BUSINESSMAN DETAINED, TORTURED Businessman Wu Wai Sing, a US national, has been detained since 22 June, and has described being tortured by police. More than 40 others were taken away by the police that day in connection with his case. Businessman Wu Wai Sing (also known as Vincent Wu), was detained by police on 22 June, in the southern Chinese province of Guangdong. He has said he has been tortured.

Wu Wai Sing was driving from Guangzhou city to Huizhou city on 22 June at approximately 5am when he was stopped by local police, and taken away on suspicion of "organizing and leading, and actively participating in, triad society [criminal organization] offences" under article 254 of the Criminal Law. According to his lawyer, who was able to meet with him on 14 July, he said he was held incommunicado in three different places until 1 July, when he was taken to a detention centre in Huicheng district, Huizhou city. He told his lawyer that he had been badly beaten: several times, the police hung him upside down and banged his head on the floor until he lost consciousness. They poured water on his face until he regained consciousness, and continued to question him. He said he confessed to the crimes under duress. His lawyer has not been allowed to meet him since.

The day Wu Wai Sing was detained, more than 40 people were taken away in Guangdong province, in connection with his case, in Zengcheng district, Guangzhou city, and in Huidong and Huiyang districts in Huizhou city. Of those detained, approximately 20 work for Wu Wai Sing. The rest were janitors, security guards or had offices in the same buildings as Wu Wai Sing, and do not know him at all. According to Wu Wai Sing’s lawyer, most of those who have no connection with him were released after being made to sign a statement incriminating Wu Wai Sing as the leader of a triad society. However, at least 21 are still held by local police at a detention centre in Huizhou city: some have allegedly been tortured, including two managers at Wu Wai Sing’s company.

PLEASE WRITE IMMEDIATELY in English, Chinese or your own language: ν Calling on the authorities to guarantee that Wu Wai Sing and others still in detention will not be tortured or otherwise ill-treated; ν Calling on them to order an independent and impartial investigation into the allegations of torture, and bring those responsible to justice; ν Urging them to ensure that no evidence obtained through torture is used in trial proceedings against Wu Wai Sing.

PLEASE SEND APPEALS BEFORE 17 SEPTEMBER 2012 TO: Public Security Bureau Director Li Min No. 18 Sanxinnanlu Huichengqu, Huizhoushi Guangdong sheng, 516001 People’s Republic of China Salutation: Dear Director

Chief Procurator, Huizhou City People’s Procuratorate Chen Huagui No. 10 Sanxinnanlu Huichengqu, Huizhoushi, Guangdong sheng, 516003 People’s Republic of China Email: hzrmjcy@huizhou.gov.cn

Salutation: Dear Chief-General And copies to: Guangdong Higher People’s Court No.9 Yuancunyihenglu Tianhe, Guangzhoushi Guangdong sheng, 510655 People’s Republic of China

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date.

URGENT ACTION BUSINESSMAN DETAINED, TORTURED

ADDITIONAL INFORMATION In 1998, Wu Wai Sing and his business partner, Sin Tong Hing, invested in a Guangdong retail fruit market, in Lishui township, Foshan city. The business was a huge success, and soon became one of the biggest retail fruit markets in Guangdong. However, the business partnership later fell apart. In 2002, Sin Tong Hing sold the retail business, at that time owned jointly by him and Wu’s wife, to Lin Qiang, the former Deputy Director of the Public Security Bureau of Guangdong province and head of the provincial National Security Unit, without the consent of either Wu Wai Sing or his wife. Wu Wai Sing initiated a legal action against Sin Tong Hing and Lin Qiang in 2003: on 29 February 2012, the Supreme Court of the People’s Republic of China ruled in favour of Wu Wai Sing and ordered the Higher People’s Court of Guangdong to examine the merits of the case.

According to his family, Wu Wai Sing’s arrest was closely related to the legal action over the retail market business worth over 120 million yuan (approx. US$19 million). They are convinced that, as the former Deputy Director of the Public Security Bureau, Lin Qiang mobilised his connections within the local police in order to retaliate against Wu Wai Sing for the Supreme Court's decision earlier this year. The arrest and torture were also intended to deter Wu Wai Sing from pursuing his legal means of redress against Lin Qiang.

Wu Wai Sing was born in Guangzhou province. He is a US national and Hong Kong permanent resident. Neither the US Government nor Hong Kong Government have responded positively to Wu Wai Sing’s family’s requests for intervention.

Name: Wu Wai Sing Gender m/f: m

UA: 231/12 Index: ASA 17/026/2012 Issue Date: 6 August 2012

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