SC Gives Vivo Executive Kuang One Month to Secure China Return Guarantee

Chinese national Guangwen Kuang, a Vivo executive facing prosecution in a high-value money-laundering case, has been given one month by the Supreme Court to approach the Chinese Consulate for a guarantee that he will return to India to face trial if allowed to travel to China to see his critically ill father.

A Bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva was hearing Kuang's challenge to the Delhi High Court's refusal to let him travel to Guangzhou. His 82-year-old father is reportedly suffering from a right cerebellar haemorrhage, multiple life-threatening complications and is on continuous life support. Kuang's lawyer told the Court that medical certificates from Chinese hospitals had already been submitted.

The Supreme Court did not immediately permit the travel, instead focusing on ensuring Kuang's return. "All we need is a guarantee that you will come back," the Bench said, asking him to approach the Chinese Consulate, as such an assurance had reportedly been furnished in another case. The travel permission will be considered after the guarantee issue is addressed.

The Delhi High Court had rejected Kuang's request on July 9, 2026, citing the seriousness and scale of the allegations, his status as a Chinese national and the absence of an extradition treaty or Mutual Legal Assistance Treaty between India and China. The court said humanitarian considerations had to be balanced against the need to secure an accused person's presence during proceedings.

The underlying case stems from the ED's investigation into alleged money laundering involving Vivo India, Chinese nationals and multiple Indian companies. The agency has alleged that ₹62,476 crore was illegally transferred by Vivo to China to avoid taxes. Court records have also referred to broader allegations that Vivo India remitted ₹70,837 crore out of ₹71,625 crore accumulated from sales between January 2015 and March 2021, while the alleged proceeds of crime in the PMLA case have been pegged at about ₹20,241 crore in subsequent proceedings.

The ED has alleged that Vivo India operated through a network of state distributor companies and other entities, with Chinese nationals allegedly controlling several companies. Kuang was arrested in October 2023, with the Delhi High Court at the time recording the ED's claim that he was a key figure in the alleged incorporation of companies used to acquire and siphon proceeds of crime.

Kuang was granted bail in November 2024 after spending about 13 months in custody, with the trial court stressing the importance of protecting fundamental rights and the right to a speedy trial.

The latest Supreme Court intervention therefore puts the case at the intersection of humanitarian considerations, the right to travel and India's ability to secure the return of a foreign accused. For now, Kuang must obtain the Chinese Consulate's assurance before the Court decides whether he can travel to see his father.