The Ka Yuen, referred to as SIEV Kosciusko by Australian authorities, was a Chinese registered vessel that was apprehended near Port Kembla, NSW, on 17 May 1999, carrying 69 smuggled migrants from China and 14 crew. Each passengers reportedly paid AUD 20,000 for the illegal journey to Australia. The vessel had been equipped with concealed compartments in the bilge-pump cavity between the steel hull of the ship and internal bulwarks where make-shift toilets had been installed. The smuggled migrants travelled in very cramped and crowded conditions 'with little more than noodles to eat'. When the vessel was intercepted, it carried no other, legitimate cargo. Two men were later charged and convicted for their involvement in this migrant smuggling venture.
The Ka Yuen, referred to as SIEV Kosciusko by Australian authorities, was first intercepted by a Coastwatch aircraft north of Jervis Bay on the New South Wales coast, south of Sydney, the furthest south a boatload carrying smuggled migrants has ever been found.
The migrant smugglers had planned to unload the 69 smuggled migrants on 16 May 1999 and ferry them to Dolans Bay, Port Hacking, using a smaller vessel called 'Gruesome' that was bought at a boatshop in Blacktown, NSW. Mini buses and vans had been organised to pick up the passengers, but the plan had to be abandoned when the 'Gruesome' ran into engine trouble. The intention was to offload the passengers and take them ashore clandestinely. It has also been reported that some passengers carried forged passports and were promised jobs in 'Sydney's Chinese "underground"'.
Australian authorities became aware of the planned arrival of the Ka Yuen sometime before 17 May 1999 when six Chinese national were apprehended at Sydney airport on a flight from Hong Kong. These men carried a large number of suspicious identity documents as well as a number of maritime navigation maps, which were later used to intercept the Ka Yuen. There have been some suggestions that Australian authorities believed the vessel was used to smuggle drugs into Australia.
Australian authorities subsequently launched sea and air searched which led to the detection of the vessel five nautical miles of Jervis Bay. The vessel was stoppped at 5am on 17 May 1999, escorted to Port Kembla, NSW, and then searched.
The smuggling organisation involved in this venture charged each smuggled migrant AUD 20,000 for the journey to Australia.
ChineAustralieBoth vessels, the 'Ka Yuen' and the 'Gruesome' were confiscated by police.
Australian authorities became aware of the planned arrival of the Ka Yuen sometime before 17 May 1999 when six Chinese national were apprehended at Sydney airport on a flight from Hong Kong. These men carried a large number of suspicious identity documents as well as a number of maritime navigation maps, which were later used to intercept the Ka Yuen. There have been some suggestions that Australian authorities believed the vessel was used to smuggle drugs into Australia.
Police secretly monitored Mr Xin Chen, one of the accused in this case, purchase the smaller vessel intended to ferry the passengers form the Ka Yuen to the mainland and intercepted his mobile phone when they became aware of the 'impeding arrival of a mother ship containing at least 60 people'.
District Court of New South Wales
Mr Xin Chen pleaded not guilty to a charge of conspiring to bring non-citizens into Australia. Following a two-week trial, he was found guilty by a jury.
Mr Xin Chen was sentenced to 1 year 3 months imprisonment. He also forfeitured the 'Gruesome' vessel.
Supreme Court of New South Wales (Court of Criminal Appeal)
Mr Xin Chen appealed against his sentence. It was dismissed.
District Court of New South Wales
Mr Lin Min pleaded guilty and offered to give police information about a criminal organisation in Hong Kong believed to be involved in the Ka Yuen incident
In sentencing the defendant, His Honour the sentencing Judge considered that these matters indicated that Mr Lin's 'was a very active role'. His Honour noted that there was no evidence that he was a principal or a financier of the conspiracy. Nonetheless, he observed that the success of this enterprise depended upon the persons on the ship being brought ashore very quickly and once ashore being moved away from the landing point. His Honour found 'this was particularly crucial' as the illegal immigrants were to be brought ashore in a densely populated area. His Honour concluded that Mr Lin 'was thus an important cog in the wheel of this venture and his role was important to the overall success of the venture'. His Honour further found that the reason for his involvement in the conspiracy was financial gain.
Supreme Court of New South Wales (Court of Criminal Appeal)
Mr Min Lin sought to appeal his sentence, but the Court of Criminal Appeal dismissed the appeal.
There is conflicting information about the number of persons that arrived on the Ka Yuen, with some sources suggesting 83 and others 82 people. 69 of the persons on board were smuggled migrants and that there were 14 other persons on board.
According to information provided by the Department of Immigration, all persons who arrived on board SIEV Kosziuszko, including passengers and crew, were returned to China (Hong Kong according to some sources).
Mr Xin Chen was working as a chicken filleter in Lidcombe, New South Wales when he was arrested on 17 May 1999.
According to newspaper reports, he became involved in this venture in order 'to defraud a gang of people smugglers, or "snakeheads" in Hong Kong.' During the trial, Mr Xin Chen suggested that he did not intend to help a migrant smuggling operation, but to help a relative sting the migrant smuggling gang for AUD 20,000.
Police alleged that Mr Min Lin helped Mr Xin Chen plan the migrant smuggling venture. According to newspaper reports, Mr Min Lin was supposed to earn AUD 3000 for his support. Court reports later revealed that Mr Min Lin was operating at the Australian end of this venture by identifying locations where to launch and dock the rendezvous vessel used to ferry the passengers from the Ka Yuen to the shore, hiring vans to transport the smuggled migrants, and arranging for the vessel to be fixed when it experienced engine failure.
According to some reports, 14 crew were on board the Ka Yuen when the vessel was detected on May 17, 1999. Early reports suggest that none of the crew members were charged in relation to the arrival of the Ka Yuen. Crew and passengers were later removed to Hong Kong.
Mr Xin Chen was in Australia at the time the Ka Yuen was on its way to Australia. He purchased a smaller vessel called 'Gruesome' to ferry the passenger from the Ka Yuen to the mainland. While Mr Xin Chen admitted to purchasing the boat, he denied having any intention to bring the smuggled migrants ashore. At some point, he suggested he sabotaged the 'Gruesome' deliberately.
The Court of Criminal Appeal later noted that Mr Xin Chen 'was either sufficiently high in the organisation or sufficiently trusted by it to be the recipient of a large transfer of cash'.
Police alleged that Mr Min Lin helped Mr Xin Chen plan the migrant smuggling venture. According to newspaper reports, Mr Min Lin was supposed to earn AUD 3000 for his support. Court reports later revealed that Mr Min Lin was operating at the Australian end of this venture by identifying locations where to launch and dock the rendezvous vessel used to ferry the passengers from the Ka Yuen to the shore, hiring vans to transport the smuggled migrants, and arranging for the vessel to be fixed when it experienced engine failure.
R v Chen [2000] NSWCCA 267 (14 July 2000)
R v Lin [2000] NSWCCA 542 (11 August 2000)
This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.
The Ka Yuen was southernmost arrival of a migrant smuggling vessel in Australia and one of a very small number of illegal boat arrivals on Australia's east coast. The Ka Yuen was also one of the largest and most sophisticated vessels used in a migrant smuggling operation in Australia. Presumably the vessel had been refurbished to repeat the journey in the future. The Director-General of Coastwatch, Rear Admiral Russ Shalders, who was appointed to this role shortly after the arrival of the Ka Yuen, was later quoted saying that:
'[T]he Kayuen is a prime example of the increasing sophistication of people smugglers. Rusting hulks and rickety wooden vessels are being replaced by freshly painted ships with high-frequency radio, radar and global positioning systems. They look like ordinary vessels, they operate further south and, unlike some refugee boats, they do not want to be found.'
The arrival of the Ka Yuen followed a small number of other arrivals involving smuggled migrants from China on Australia's east coast. These arrivals are generally described as 'covert arrivals' as they sought to avoid detection by Australian authorities and unload the smuggled migrants clandestinely.