Two Chinese nationals dealing in the export of plywood have been charged with five counts of forgery of a special resolution of a company identified as of Hongsen International Company Limited.

Huang Yiping, 39, and Wang Bingchuan, 40, the directors of Sanchuan International Limited based at Zigooti in Mityana district were on Wednesday arraigned before Buganda Road Court Grade One Magistrate Siena Owomugisha, who read out the charges to them.

They, however, denied the charges. They are battling the charges jointly with Robinah Nassuna, a city accountant, who is specifically charged with the offence of uttering a false document.

Prosecution led by Patricia Cingatho alleges that the accused and others still at large on November 27, 2021, in Kampala district forged a special resolution of Hongsen International Company Limited. 

Nassuna is indicted on the offence of uttering a false document contrary to section 351 of the Penal Code Act.

It is alleged that on December 8, 2020, Nassuna knowingly and fraudulently uttered a false document to wit a special resolution of Hongsen dated November 27, 2020, to the Uganda Registration Services Bureau (URSB) well knowing that it was false.

The prosecution further says that on December 8, 2020, Nassuna knowingly and fraudulently uttered a false document to wit amended memorandum and articles of association of Hongsen to URSB.

The offence of forgery and uttering a false document each attracts a maximum punishment of three years on conviction. 

Bail application 

Immediately after being charged, the accused through their lawyers Emmanuel Emoru and Isah Engoru pleaded with the court to release them on bail on grounds that they have substantial sureties and the offences against them are bailable.

Wang Bingchuan presented in court three sureties while Huang Yiping tabled two sureties.  

They are Xiu Yang Zhang, an employee of maters form mattresses, Pual Ssebyala, Fu Jing, Isah Ssegawa and Patrick Ssegawa.

Engoru told the trial magistrate that the file has been reportedly recalled by the Deputy DPP Charles Elem-Ogwal for perusal and it would be better to release the accused to pursue their complaint at the Office of the Director of Public prosecutions (ODPP), which involves ‘extortion.’

Justifying their release on bail, the lawyers told the court that their respective visas are still valid and since they have been dealing in the export of plywood in Uganda for a while, they are not a flight risk.  

The lawyers cited the case of Dr Kizza Besigye vs Uganda (2016) where the court held that bail should not be denied mechanically. 

“They have a factory at Zigooti in Mityana district called Sanchuan international limited where they reside and we believe this should satisfy this court in regard to their place of abode,” Engoru submitted. 

DPP submissions   

State Attorney Cingatho, however, vehemently objected to their bail saying the accused are likely to abscond having skipped police bond. 

The accused are also said to have forged COVID-19 certificates indicating that they were positive to skip police bond. 

 “Your Worship, the accused jumped police bond and we pray that this court declines their bail application because they are likely to abscond once released on bail given the nature of charges against them,” Cingatho submitted. 

Cingatho further submitted that the accused have other pending cases of aggravated robbery and murder by shooting which are still under probe. 

Cingatho also submitted that some of the sureties are not substantial because they failed to clearly demonstrate their relationship with the accused and the court should find them insufficient. 

After the submissions, the trial magistrate said she will deliver her ruling on bail on January 28. Consequently, the accused were remanded to Kitalya Prison until then.