The court of appeal in New Caledonia has conditionally freed a jailed 64-year-old Chinese man who is wanted in China for allegedly running a pyramid scheme.
Ning Shisheng, who has lived in Australia since 2010, was arrested on an Interpol warrant in April when the cruise he was on stopped on the Isle of Pines.
Judicial authorities in Noumea, who examined Beijing's extradition request, were in favour of complying with it, but his lawyer appealed, with Mr Ning fearing torture.
Media reports said the appeal court has now ordered his release, but he has to stay in Noumea and report weekly until the court deals with the extradition request in October.
Last month, his lawyer noted that New Zealand recently rejected a Chinese extradition request, citing human rights risks.
An extradition to China can only go ahead if a decree to that effect is signed by the French prime minister.