CHAPTER FOUR
THE PRESENT STATE OF ABALONE POACHING: PROFILE OFFENDERS AND CHINESE TRIAD ORGANISED CRIME
This chapter analyzes the present state of affairs regarding abalone poaching and describes the profile of the offenders. Specific crimes associated with Chinese Triads as organised criminal groups are identified and discussed. The potential threats that the criminal activity poses to the economy of South Africa are also examined.
4.1 The Triads
4.1.1 History of Triads
The triads in Hong Kong are deemed to be the biggest, most dangerous and best organised of criminal groups worldwide141 . Initially known as nationalistic secret societies, these groups were established three centuries ago in opposition against the repressive and corrupt Qing dynasty (1644-1911). The word ‘triad’ consists of the unity of three specific elements of actuality namely heaven, earth and humanity. The triad societies began to get more involved in criminal activities as soon as the Qing dynasty ended in 1911 and the Republic of China was formed.142
According to Chang, "today there are roughly 160,000 triad members in Hong Kong, belonging to some 50 factions."143 Reports suggest that they are involved in illicit activities such as prostitution and gambling, as well as running legitimate businesses144. Some of the groups are well organised by disciplined members and leaders, including some of the most dominant figures in Hong Kong. Triad activities are not restricted within Hong Kong and surrounding regions, like Macau. Law implementation agencies in China, Southeast Asia and North America have reported that, in their jurisdictions, triad activities, such as heroin smuggling, trafficking, extortion, and immigrant trafficking is on the rise.145
The SAPS know of seven major Chinese organised criminal groups in South Africa. All of them have members in Johannesburg and Cape Town. Four of these groups, who speak Cantonese, come from China and Hong Kong. The other three who are mainly Mandarin-speaking, come from Taiwan. The four groups that base themselves on the Triad societies of China and Hong Kong are prominent in South Africa. They consist of the San ee On group, the Wo Shing Wo group, the 14K-Ngai group and the 14K-Hau group.146
4.1.2 Triads in the world
Whilst the majority of Triad societies are located in Hong Kong, Taiwan or Macau, their power spans international boundaries, with members based in virtually every country that has an extensive Chinese community, including South Africa. The globalization of business and communications makes it easy for the Triads to be noticeable in other countries. Triads, consisting of a 100 000 members, are associations of quasi-legitimate businessmen and Chinese criminals involved in various criminal activities.147
4.1.3 Triads in South Africa
It takes a long route for many members of the four Chinese Triad groups to get themselves to South Africa. These individuals visit South Africa as Chinese tourists in order to get used to the area and gain possible contacts for illegitimate business prospects. Then, they will go back home and return with sufficient funds in the light of investing in South Africa or to get a residence or work permit. Upon entry, a percentage of the funds are invested in a legal business like a restaurant or an import or export business. This business is then used as a front to assist the newcomer to build up contacts and to get used to the environment. Another portion of the funds which have been transferred to the South Africa are then invested in the illegal activities of local criminal syndicates, thus enabling the newcomer to participate in their unlawful activities.148
4.1.4 Organizational structure and the operation of Triads
Triads have no specific structure, as members have a selection of criminal activities from which to choose, whereas, for example Italian crime groups follow a strict hierarchical structure. Top individuals in the triad organisation are often known to be professional businessman. Transnational Chinese crime groups have no responsibility towards the triads. For example, narcotics syndicates may consist of members and non-members of a triad. According to Mahlmann, unlike the triads, syndicates are groups that dissolve and reassemble again over time, making it hard to uncover them.149 Triads are hierarchically organized, with division of labour and predetermined rituals. The echelons are more involved with financing and the resolving of disputes than in active, on-the-ground criminal activity.150
The essential make-up of the structures within each of the above-mentioned four Hong Kong-linked groups in South Africa are not known.151 Generally, they base their structure mainly on the modern Hong Kong-based Triad organizations.
Although the structures differ among groups and are less complicated than the original Triads in China, they retain a hierarchical structure headed by a chairman, often referred to as the traditional ‘Dragon Head’. This person is the most influential person within the Triad group. The organisational duties are carried out by the 426s, a group of people under the chairman. These could be the liaison person, the person who initiates new members, or the accountant. The Chairman and the office bearers do not engage in criminal activities as this is usually the duty of