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Chinese nationals on trial for R100m abalone seizure in GQ High Court


The trial against three Chinese Nationals who have been charged in connection with the illegal exportation of about 40 tons of abalone valued at R100 million got underway in the Gqeberha High Court on Tuesday.

Kai Ou Yang, 65, Chu-Kai Chang, 48, and Hsien-Chu Ou Yang in her capacity as a member of Blue Fin Marine Trading CC, face 24 charges which include fraud, racketeering, money laundering, and the contravention of the Marine Living Resources Act.

Blue Fin Marine Trading CC conducted business in the wholesale and distribution of seafood products, restaurants and shipping. 

The trio were arrested in February 2022 after a police investigation that started in 2017 uncovered that abalone was allegedly being shipped illegally via the Cape Town, Durban, and Port Elizabeth Harbours.

The abalone is said to have been destined for the Asian markets.

According to the charge sheet, large amounts of wet and dry abalone were seized at Killarney, Montague Gardens, Table Bay Cold Storage, and the Cape Town Harbour in the Western Cape in February 2017.

The alleged illegal activities at Table Bay Cold Storage were uncovered when an employee of the Department of Fisheries and Forestry went to the premises to do an inspection on 6 February 2017.

The employee allegedly found four pallets with boxes containing wet and dry abalone. 

Upon examining the documentation presented to him he determined that the client who stored the abalone was Blue Fin Marine Trading and that the pallets formed part of a consignment relevant to a container that was still being packed in the Cape Town Harbour for export on behalf of the company, allegedly as arranged by Chang.

This container was inspected and unpacked on 15 February 2017. 

Boxes of abalone that were similar to the ones found at a different premises were discovered. It bore similar stickers. 

The state alleges that the abalone had been disguised as bible and other meat products. 

At the Port Elizabeth Harbour on 26 January 2018, police unpacked a container and discovered 745 boxes of wet frozen abalone and 155 boxes of dried abalone. 

439 Boxes of animal bones and 101 boxes labelled animal bones were also seized. 

It is alleged that Blue Fin Marine sourced the bones in boxes from Beefmaster and kept it in cold storage at Blaauwberg Cold Store where the abalone for consignment were packed in similar boxes. 

On 10 December 2018, 14 475 units of abalone were seized in Springbok, in the Northern Cape.

During another occasion on 19 February 2018, a container was seized and searched at the harbour in Durban. 

Here, 158 10kg boxes of frozen abalone and 756 10kg boxes of ox bones were seized. 

All of the accused have pleaded not guilty. 

Defence attorney Michael Hulley submitted statements to the court in terms of Section 115 1 of the Criminal Procedure Act.

The business supplied Checkers, Pick n Pay, Willowby, Beluga, and Cape Town Fish Market, among others, with fish products.

According to their statements, the Ou Yang's said they did not have a permit to export beef, but they went into an agreement with Excellent Meats who held a permit.

Chang said he was the manager at Blue Fin Trading tasked with handling the orders placed with Excellent Meats.