Who is the perpetrator of the kidnapping case of Chinese executives in the Philippines?

The kidnapper is suspected of forging a full set of information to set up an invitation, how can the company "go to sea" ensure the safety of employees?

Text | "Caijing" reporter Ling Xin

Edit | Wang Xiao

On the afternoon of July 1, 2024, Sun's parents learned that their only son, who was kidnapped in the Philippines, had died. Xia Moumou, who was traveling with him, was also killed.

The two people who were killed, both engaged in international business development (BD) in the medical device industry, went to the Philippines together on June 20 to investigate and negotiate business, and completely lost contact four days later.

The Chinese Embassy in the Philippines announced that it had received a request for help from a Chinese citizen who had been kidnapped in the Philippines a few days ago, and immediately activated the emergency response mechanism to carry out rescue work.

On July 2, Foreign Ministry spokesperson Mao Ning confirmed that a Chinese citizen had been kidnapped and killed. The Chinese Embassy in the Philippines also said, "Unfortunately, the Chinese citizen ended up being killed." It is understood that a Chinese American was also killed. ”

On the evening of the same day, relatives and friends close to the victim confirmed that they had received information from the Philippine police that they had locked down the identities of two suspected suspects, including the Chinese "Li Na" who met at the exhibition and invited Sun to the Philippines, and a driver, "Wanted". According to the information it has received so far, "Li Na" may be involved in more than one kidnapping case.

The victim's relatives and friends suspect that the kidnapping case was a premeditated act by a professional gang. Because, from mid-May when "Li Na" met Sun and Xia at the European Medical Exhibition, to the kidnapping case, more than a month has passed, the two sides have conducted professional medical business negotiations, in order to promote the two to go to the Philippines, the other party also sent a full set of invitation letters, only to find out afterwards that all the information is forged.

"We want justice and severe punishment for the perpetrators. I also hope that this incident can sound the alarm for everyone, raise awareness of prevention, and do not easily travel to some areas without in-depth understanding and adequate protection. Relatives and friends of the victims said.

The Chinese Embassy in the Philippines said it expressed its condolences to the two victims and condemned the killers in the strongest terms. The embassy actively provided consular assistance to the families of the Chinese citizens who were killed, and once again lodged representations with the Philippine government and relevant departments on the case from various levels, urging the Philippine side to intensify the handling of the case and arrest and severely punish the murderers as soon as possible.

The organizer "Li Na"?

The two victims departed from Beijing at noon on June 20 and arrived in the Philippines at around 18:00 in the evening.

Relatives and friends recalled that after Sun and Xia arrived in the Philippines, they soon lost their personal freedom, which was one of the reasons why they suspected that the kidnapping was a pre-planned plot. Because Sun and Xia are two adult men walking together, and Sun is 1.88 meters tall, he plays basketball almost every weekend, "his body is very strong, and one or two will definitely not be able to beat him."

According to the Philippine Business Daily, the last time the two contacted colleagues, relatives and friends was at 18:07 and 18:57 on June 20, respectively. That night, neither man's cell phone was answered. Until around noon on the 21st, Xia's wife received a WeChat call, saying that she needed her family to send money electronically if she lost money playing cards in the club.

Sun's relatives and friends also confirmed that the kidnappers contacted relatives and friends through Sun's WeChat and coerced him to admit that he owed money for gambling and demanded ransom on this ground. "At that time, this reason (gambling) was denied by us", because Sun had no gambling experience, and when he talked to his friends about the gambling behavior around him, he also expressed hatred for the gamblers and organizers. "He doesn't even buy lottery tickets."

Based on the above suspicions, Sun's relatives did not make the payment immediately, but tried to get in touch with Sun himself several times, but the phone did not work, and no one answered on WeChat. In the WeChat voice call where the kidnappers demanded ransom, the family heard what appeared to be Sun's voice.

Because the ransom amount demanded was as high as 15 million yuan to 25 million yuan, the family told the kidnappers that they needed time to raise money and try to negotiate with the other party. As for whether to call the police for help at the first time, Sun's relatives and friends said, "In fact, I don't have time, I'm very nervous." 3 days - 4 days. Negotiations are still being prepared here. ”

However, after three or four days, "after the Xia family finished playing 3 million yuan, the other party could not be contacted." Sun's relatives and friends said. The Philippine Business Daily also confirmed the disappearance after the payment.

The Chinese Embassy in the Philippines announced on July 2 that the embassy actively assisted the family members in reporting to the Anti-Kidnapping Bureau of the Philippine National Police, carried out law enforcement cooperation with the Philippine police under the guidance of the domestic public security department, and lodged representations with the Philippine side through diplomatic channels, demanding that it rescue the hostages as soon as possible and take practical measures to protect the safety and legitimate rights and interests of Chinese citizens in the Philippines.

According to Philippine National Police spokesman Fajardo, the bodies of the two victims were found on June 24 in Patitinan Village, Saguenai Township, Qua Nai Township, in the southern Philippines.

Fajardo said that the police have not confirmed the motive for the crime, but after coordinating with the Chinese Embassy in the Philippines, the Philippine National Police Anti-Kidnapping Bureau has begun investigating the case and has clues about the people involved in the case.

Sun's relatives and friends were told that the fingerprints or DNA of the suspects had not been found on the bodies of the two victims, which was one of the reasons they suspected that the case was the work of a professional gang.

As for "Li Na", who invited Sun and Xia to the Philippines, according to information obtained by the victim's relatives and friends from the Philippine police, she is a foreign Chinese who may be involved in more than one kidnapping case. "Li Na" and another man who had demanded a ransom from the victim's family spoke "Mandarin with a Hokkien accent."

In mid-May, during the European Congress of Interventional Cardiology (EuroPCR2024) in Paris, the victim became acquainted with "Li Na". The other party claimed that he worked for a medical device company in the Philippines, and the owner was a well-known local Fujian businessman, mainly engaged in real estate, and had high-level Philippine government relations, so he had the opportunity to obtain government preferences.

In order to invite Sun and others to the Philippines, "Li Na" sent a full set of official invitation letters, and it was later confirmed that the relevant information was forged. Previously, "Li Na" had also conducted professional negotiations with the victim on business cooperation, "She said a lot of professional medical knowledge and was very professional." ”

Relatives and friends of the victim believed, "Mr. Sun and Mr. Xia are not novices in the industry, and they will not go if they are not professional." ”

In the medical device industry, it is a very routine workflow to meet new potential customers through exhibitions, and after a period of online contact and incubation, go to the local area for inspection, negotiation and cooperation. BD personnel from two different companies, if the product categories are different, it is also common to "form a group" to open up the market.

"The identity of 'Li Na' has been confirmed by the police, and it should be a foreign Chinese." Sun's relatives and friends analyzed, "The other party not only said that the list is relatively large, but also said that he knew the high-level and said that there were good policies." ”

"Li Na" uses these fictitious opportunities to lure victims into falling for them. Sun's relatives and friends said that otherwise, with Sun's conditions, he could send his subordinates there. "He had just returned from a business trip to the United States and had not even had much rest before going to the Philippines. If it's a simple business, it's okay to push it back a week. ”

Of the two victims, Xia was a Chinese citizen and Sun was a Chinese-American working in China. Sun was born in Beijing and attended university and graduate school in the United States.

Since the incident involved Chinese and American citizens and the place where the case occurred was in the Philippines, the Chinese police, the United States and the Philippines have all been involved. The Chinese Ministry of Foreign Affairs said that after the incident, the Chinese Embassy in the Philippines maintained close contact with the Philippine side, urging the Philippine side to make every effort to investigate the case, take effective measures to safeguard the safety of Chinese citizens in the Philippines, and provide assistance to the families of the victims in the aftermath.

Is it a "work-related fatality"?

Sun's relatives and friends said that from the information received so far, the victim was tortured before his death, "It is certain that he was beaten, but he was not amputated." ”

A person in charge of Xia's company, Runmed Medical, said on July 3 that a sales director was docking with the Philippine police to follow up on follow-up matters.

On July 1, it was Sun's relatives and friends who estimated that he was killed. In Chinese funeral customs, it is believed that the deceased will "go home" on this day. Following the traditional culture, several friends communicated with his lover and informed Sun's parents of the death of their son after lunch. The two elderly people are in their 70s, "Thankfully, they don't have any major health problems." ”

According to the treaty between China and the Philippines on judicial assistance in criminal matters, "in the practice of this case, the Philippines' own jurisdiction may prevail, and China is concerned about it diplomatically and requests judicial assistance in criminal matters." Zhai Chengqun, deputy director of Beijing Guantao Zhongmao (Shanghai) Law Firm, analyzed that for Chinese citizens to commit kidnapping and other crimes, even if they are abroad, according to China's criminal law, the minimum sentence may be more than three years in prison, China has jurisdiction.

According to the principle of protective jurisdiction, if a foreigner infringes on the interests of China or its citizens abroad, China also has criminal jurisdiction over such acts.

According to Article 267 of the Revised Penal Code of the Philippines, any person who kidnaps or detains another person, or deprives him of his liberty in any other way, shall be punished by imprisonment up to the death penalty.

"Given that the death penalty has been abolished in the Philippine judicial system, if the victim is killed or dies as a result of kidnapping, the maximum result of the trial is usually life imprisonment without parole," Zhai analyzed. ”

Both victims were medical device veterans. Sun died at the age of 46, worked for the multinational company Abbott, and continued to engage in the international BD business of medical devices after leaving the company. Xia Moumou died at the age of 39, and successively worked for Lepu Medical Equipment Co., Ltd. and Runmaid Medical, and the obituary said, "Mr. Xia has the courage to take responsibility, outstanding performance, and sincerity."

Sun's relatives and friends said that although the victim's family members have jobs or pensions, his own income may account for 80% of the income of the small family, and he hopes that the relevant insurance or compensation can be put in place as soon as possible to protect the lives of his family. Sun also has a child under the age of 18.

Zhai Chengqun said that if the kidnapping caused the death is brought to justice and convicted by the court, the victim's family can claim compensation from him. However, in premeditated kidnapping cases, most of the perpetrators are outlaws, and the probability of receiving compensation is not too high, and "in practice, the victim's family may still need to obtain compensation through insurance or company protection."

Sun's relatives and friends said that the two victims traveled to the Philippines to meet with potential business partners. According to Zhai Chengqun's analysis, if an employee involved in a case dies of an accidental injury such as violence, and meets the three conditions of working hours, workplace, and performance of work duties at the same time, it shall be determined that the work-related injury is made.

Cai Zhenghua, a global partner at Yingke Law Firm, said, "If it is confirmed that the victim died at work, he should be remedied. "As for whether the company will give other compensation, it depends on whether there has been an agreement before, and the company's humanitarian attitude.

How to ensure the safety of enterprises "going overseas"?

After the two medical device company managers were killed in the Philippines, their peers were shocked, and some people said that they would buy relevant insurance in advance when they went abroad for business trips in the future.

There is social instability in many countries and regions along the Belt and Road, and kidnapping incidents of overseas employees of multinational companies occur from time to time. Zhai Chengqun stressed that when Chinese citizens encounter danger overseas, "it is still necessary to seek help from the Chinese embassy or consulate in the country as soon as possible and report to the police with their help."

In early June 2024, the Chinese Embassy in the Philippines reported another case of kidnapping of Chinese nationals, in which three Chinese citizens were extorted and released, "with local law enforcement officers involved." In 2010, the hijacking of a Hong Kong tourist bus in the Philippines shocked the world, according to Xinhuanet, in which 21 Hong Kong tourists were hijacked and eight died.

Medical companies are "going overseas" in Southeast Asia, and the Philippines is one of the popular destinations. In the past three years, the Philippine Food and Drug Administration approved Sinovac's new crown vaccine for emergency use in 2021; In August 2023, Mabwell announced that it had reached an agreement with UNILAB, a Philippine pharmaceutical company, for the registration and marketing of adalimumab in the Philippines. In November 2023, Walvax announced that it had received the Philippine product registration certificate for the pneumonia series vaccine, and the products will be exported in the second quarter of 2024. In March 2024, Henlius announced that its anti-tumor drug Han Qu You was approved for marketing in the Philippines.

A senior executive of a medical device company revealed that based on the consideration of stable supply to global customers and reducing production costs, he has bought a piece of land in a country in Southeast Asia to prepare to build a factory, "I heard the manager of the business department of the industrial park say that there are thousands of Chinese-funded enterprises that went to see the land last year."

In order to build the factory, executives of the aforementioned medical device companies have traveled back and forth to Southeast Asia almost once or twice a month in the past year, and other colleagues have also traveled frequently to the local area. In the future, there may be a need to deploy and hire more staff locally, "safety comes first. He said.

How to ensure your own safety in the process of "going to sea"? The lawyer's advice is to first choose the destination carefully for "going to sea".

According to the executives of the above-mentioned medical equipment companies, before selecting the site for the new factory, the company compared the situation of many Southeast Asian countries such as Singapore, Malaysia, and Vietnam, first excluded the countries that had had "Chinese exclusion" incidents, and also found a law firm to consult the laws and policies of various countries and carried out basic background investigations.

In the end, the medical device company chose to set up a factory in Thailand, firstly, because the local security is better and the degree of marketization is relatively high; Second, from the perspective of production and supply chains, the local industry is relatively diversified, and the relationship with China, Europe and the United States is relatively good, and it is not easy to be affected by geopolitics; Third, local tax incentives can reduce the cost of enterprises to a certain extent.

Moreover, "Thai national culture is more 'Buddhist' and is not prone to conflict. Analysis of the executives of the above-mentioned medical device companies.

The transnational market should not only understand the local culture and social conditions, but also do a good job of consulting on law, religion, public security, etc. in advance. Cai Zhenghua introduced that many multinational companies will conduct risk ratings on the destinations of employees' business trips, "When you go to Bangkok, Kolkata, or Afghanistan, the travel supporting measures, the insurance you buy are different, and even whether to buy security services, all of them must be considered." ”

Some insurance companies have developed insurance products related to kidnapping insurance for overseas employees. This is a specialized type of insurance, which is mainly purchased for employees when some companies send them to work overseas. Relevant insurance can provide ransom in time when an employee is kidnapped, and some insurance companies can even provide services such as hiring negotiators and consultants.

"I'm going to Thailand again next Tuesday." The above-mentioned medical device company executive said.