5 hrs ago
Supreme Court Seeks Chinese Guarantee For Vivo Executive's Travel
Guangwen Kuang is a Chinese executive working for Vivo in India.
He is facing allegations connected to a large financial investigation.
Kuang asked to travel to China because his elderly father was seriously ill.
A lower court first allowed the trip, but the Delhi High Court stopped it.
The High Court was concerned that Kuang might not return because he is a foreign citizen.
India and China do not have an extradition treaty or a criminal mutual legal-assistance treaty, according to the court.
The Supreme Court has now given him one month to ask the Chinese Consulate for a formal promise that he will return.
The Supreme Court will consider that assurance while dealing with his request.
The case balances compassion for a sick family member against the need to ensure that a criminal trial can continue.
The Supreme Court gave Guangwen Kuang one month to seek a diplomatic undertaking from the Chinese Consulate in India.
Kuang wants to visit Guangzhou to see his 82-year-old father, who is reportedly critically ill after a brain haemorrhage.
The Delhi High Court blocked the trip because Kuang is a foreign national facing serious financial-crime allegations and India lacks extradition and mutual legal-assistance treaties with China.
The Enforcement Directorate alleges that companies linked to Vivo used shell entities to transfer more than Rs20,000 crore out of India and avoid tax and reporting obligations.
Kuang, a Vivo Mobile Communications executive, was arrested in October 2023 and later granted bail subject to conditions.
- Who
- Guangwen Kuang, a Chinese national and Vivo Mobile Communications executive, is seeking permission to travel to China; the Enforcement Directorate is opposing the request.
- What
- The Supreme Court has given Kuang one month to obtain a Chinese diplomatic undertaking guaranteeing his return to India if he is allowed to travel.
- Where
- The proposed trip is to Guangzhou, China, while the legal proceedings are taking place in India, including before the Supreme Court and Delhi High Court.
- When
- The Supreme Court issued the interim order on Monday; the article also states that the Delhi High Court blocked the trip on July 9, 2026, and that Kuang filed his Supreme Court petition on August 17, 2026.
- Why
- Kuang says he wants to visit his 82-year-old father, who is critically ill after a severe brain haemorrhage; authorities are concerned about securing his return for prosecution.
Humanitarian Travel Request
Trial Attendance And Enforcement
Permission to visit family
Humanitarian Travel Request
Kuang cited his father's critical medical condition, submitted Chinese hospital certificates, pointed to his compliance with court summons, and offered an employer undertaking to return.
Trial Attendance And Enforcement
The Enforcement Directorate challenged the trial court's permission, arguing that Kuang's presence must be secured in a major financial-crime prosecution.
Reliability of a return promise
Humanitarian Travel Request
Kuang relied on judicial precedent allowing foreign accused persons to travel after providing guarantees, employer undertakings, and diplomatic assurances.
Trial Attendance And Enforcement
The Delhi High Court held that Kuang's foreign citizenship, lack of permanent assets in India, and the absence of extradition and mutual legal-assistance treaties with China created a risk that his return could not be legally enforced.
Balancing personal distress and prosecution
Humanitarian Travel Request
Kuang's request is based on a serious family emergency and a temporary visit rather than an attempt, according to his submissions, to avoid the proceedings.
Trial Attendance And Enforcement
The Delhi High Court ruled that humanitarian distress could not override the need to ensure the accused remains available in a high-value financial-fraud case.
Key facts
- Applicant
- Guangwen Kuang, an administration manager and Chinese national associated with Vivo Mobile Communications in India.
- Requested destination
- Guangzhou, China.
- Humanitarian reason
- Kuang said his 82-year-old father was critically ill after suffering a severe brain haemorrhage.
- Supreme Court direction
- Kuang was given one month to approach the Chinese Consulate in India for an official diplomatic undertaking or guarantee.
- Investigation
- The Enforcement Directorate registered a money-laundering case under the Prevention of Money Laundering Act in February 2022.
- Alleged amount
- Regulatory filings estimated the alleged diverted proceeds at more than Rs20,000 crore.
- Key legal obstacle
- The Delhi High Court noted that India and China lack an extradition treaty and a Mutual Legal Assistance Treaty in criminal matters.
Sources
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