In recent days, Haikou Maritime Court has transferred to Haikou Public Security Bureau Meilan Branch a case in which two individuals, Yang and Huang, were suspected of defying their obligations under a judgment. As the branch referred the case to procuratorate authorities for prosecution, the judgment debtors took the initiative to fulfil their obligations, thus gaining the forgiveness of the enforcement applicant and the waiver of prosecution. The dispute under the contract for ship operation loans was successfully enforced and concluded.
The enforcement applicant had been in dispute with the judgment debtors, Yang and Huang, under a contract for ship operation loans. Haikou Maritime Court had entertained the enforcement case and duly served an enforcement notice and an order to report property on the judgment debtors, ordering them to repay the loans to the enforcement applicant. Repeatedly urged by the court, the judgment debtors not only refused to report their property, but also defaulted on their obligations set out in the effective judgment. To make things worse, they resold to a third person a boat that had been duly arrested by the court, but did not use the proceeds to repay the loans in dispute. Haikou Maritime Court duly took the judgment debtors into custody, but they still defaulted on their obligations. Their act had severely obstructed the court’s normal enforcement procedures. Such serious defiance of enforcement was suspected a crime. Accordingly, Haikou Maritime Court duly transferred the case files to the public security authorities for investigation.
Afterwards, the enforcement judges closely followed through the investigation and actively cooperated with the public security authorities in verifying relevant facts and supplementing necessary materials. At the same time, they kept trying to reason with the judgment debtors. After conducting plenty of meticulous investigation, Haikou Public Security Bureau Meilan Branch decided to refer the case to the procuratorate authorities for examination and prosecution. Under the joint efforts of the enforcement judges, public security authorities and procuratorate authorities, the judgment debtors finally realized the severity of their defiance and admitted their fault. They then actively fulfil their obligations and seek the forgiveness of the enforcement applicant. While the procuratorate authorities were carrying out the examination, the judgment debtors, Yang and Huang, repaid the enforcement applicant a sum of CNY 88,000 for the principal of and interest on the loans. The enforcement applicant showed forgiveness for their defiance of enforcement, and under the circumstances the procuratorate authorities decided to waive the prosecution. The dispute under the contract for ship operation loans was thus properly resolved. The daughter of the enforcement applicant presented a pennant in appreciation of the efforts made by the enforcement officers of Haikou Maritime Court.