Mbabane – The High Court has ordered the release of Chinese national Jin Houyun, who is challenging his deportation to mainland China on the grounds that he could face execution if sent back.
Houyun was released from custody yesterday following an order by Judge Bongani Dlamini. He has been directed to remain at his residence at Plot No. 445, Extension 3, Tubungu Estate, where he must be available to lawful enforcement authorities.
His case has now been referred to the Registrar for allocation before a full bench of the High Court.
Houyun, represented by Linda Dlamini, launched the urgent application after challenging the process to deport him to China. He contends that his removal could expose him to the death penalty and violate his constitutional protection of the right to life.
In his application, Houyun claimed that Chinese authorities were looking for him in connection with offences which could attract the death penalty.
The case is against the Minister of Home Affairs, the Commissioner General of His Majesty’s Correctional Services and the National Commissioner of Police.
A central issue in the application is Houyun’s continued detention after he had allegedly settled a fine imposed by the Hhohho Principal Magistrate’s Court.
He was arrested at the Lomahasha Border Gate on February 21, 2026, in connection with alleged violations of the Immigration Act. He later entered into a plea agreement with the Crown and was sentenced with the option of paying a fine of E13 100.
Houyun states that, after paying the fine, a warrant authorising his release was issued on July 3.
He claims, however, that he remained behind bars after correctional authorities allegedly received instructions that he should not be released because arrangements were being made for his deportation.
According to Houyun, the officer in charge declined to act on the release warrant and informed his representatives that a memorandum from His Majesty’s Correctional Services required him to remain in custody.
He further claims that the memorandum was never made available to him or his lawyers.
Houyun has also challenged the deportation process on the basis that he was allegedly not given an opportunity to present his side before the process was initiated.
He further contends that certain provisions of the Immigration Act are unconstitutional because they allegedly interfere with his rights to liberty, life and a fair hearing.
In the alternative, he argues that the Minister did not follow the required process by allegedly failing to involve the Immigration Advisory Committee before proceeding with the deportation process.
The court papers indicate that Houyun was initially arrested after an Interpol Red Notice was issued following an alleged request by China for his extradition.
He claims that the extradition proceedings were later removed from the court roll after the Crown allegedly failed to comply with instructions issued by the Principal Magistrate.
Houyun also told the court that Eswatini has no extradition treaty or diplomatic relations with mainland China, pointing out that the Kingdom maintains diplomatic relations with Taiwan.
He further stated that he applied for asylum before the Commissioner for Refugees in April 2026 and that the application had not yet been finalised.
His application also raised concerns over his medical condition.
Houyun stated that he suffers from a serious heart condition and requires specialised treatment. He said he had been diagnosed with left ventricular failure and required ongoing oxygen support as well as regular attention from a cardiologist.
He argued that his condition could not be properly managed while he remained in a correctional facility.
Houyun also denied that he was a flight risk, saying that he had no reason to flee to mainland China because he feared being sentenced to death there.
The High Court’s order requires him to remain at his Tubungu Estate residence, while lawful enforcement authorities retain unrestricted access to him.
Discussion about this post