香港特別行政區 訴 蔡鳳岐

香港特別行政區 訴 蔡鳳岐

Given the totality of the evidence and the applicant's failure to provide any explanation, the only reasonable and irresistible inference was that the applicant had reasonable grounds to believe the funds were proceeds of crime; therefore the convictions for two counts of money laundering were safe and the...

Source-derived case information.

Citation
[2019] HKCA 997
Parties
Respondent: 香港特別行政區; Applicant: 蔡鳳岐 (TSOI FUNG KEI)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 August 2019
Case Number
CACC207/2018
Procedural Posture
Criminal Conviction Appeal (leave Application) / Application for Leave to Appeal Against Conviction Dismissed by Court of Appeal
Outcome
application for leave to appeal against conviction refused
Legal Topics
Money Laundering, Proceeds of Crime, Evidence and Inference, Banking Fraud, Leave to Appeal
Source Language
ch
Criminal Law Money Laundering Appeal Proceeds of Crime Evidence and Inference Banking Fraud Leave to Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

香港特別行政區

Respondent

蔡鳳岐 (TSOI FUNG KEI)

Applicant

Procedural Posture

Criminal Conviction Appeal (leave Application) / Application for Leave to Appeal Against Conviction Dismissed by Court of Appeal

  1. 1 Whether the conviction for two counts of money laundering was safe
  2. 2 Whether the applicant had reasonable grounds to believe the funds were proceeds of crime (knowledge/mens rea)
  3. 3 Whether the absence of an explanation by the applicant permits an adverse inference to sustain conviction

Ratio Decidendi

Given the totality of the evidence and the applicant's failure to provide any explanation, the only reasonable and irresistible inference was that the applicant had reasonable grounds to believe the funds were proceeds of crime; therefore the convictions for two counts of money laundering were safe and the application for leave to appeal was refused.

Court Disposition

application for leave to appeal against conviction refused

Orders

  • Leave to appeal against conviction refused
  • Convictions for two counts of money laundering upheld