香港特別行政區 訴 陳港文及另一人

香港特別行政區 訴 陳港文及另一人

Court accepted statutory presumptions as defendants failed to rebut with credible evidence; it fixed benefit amounts at the bank inflows (HK$6,529,473 and HK$12,324,116), excluded the value of seized goods from benefit because goods were in custody and could not yield profit, determined realizable assets (D2:...

Source-derived case information.

Citation
[2021] HKDC 1394
Parties
Prosecution: 香港特別行政區; Defendant: 陳港文; Defendant: 陳偉詞
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 November 2021
Case Number
DCCC101/2016
Procedural Posture
Criminal Confiscation Proceedings Under Organized and Serious Crimes Ordinance (cap.455) / Post Conviction Confiscation Hearing (application Under S.8)
Outcome
Confiscation orders granted against both defendants; recoverable sums set equal to their realizable assets, payment deadlines and default imprisonment terms specified
Legal Topics
Attempted Export of Unmanifested Cargo, Conspiracy to Export Unmanifested Cargo, Proceeds of Crime, Forfeiture Orders, Statutory Presumptions Under Cap.455
Source Language
ch
Criminal Law Forfeiture/confiscation Organized Crime Customs and Smuggling Law Attempted Export of Unmanifested Cargo Conspiracy to Export Unmanifested Cargo Proceeds of Crime Forfeiture Orders +1 more

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Parties

香港特別行政區

Prosecution

陳港文

Defendant

陳偉詞

Defendant

Procedural Posture

Criminal Confiscation Proceedings Under Organized and Serious Crimes Ordinance (cap.455) / Post Conviction Confiscation Hearing (application Under S.8)

Legal Issues

  1. 1 Whether each defendant profited from the organised crime
  2. 2 Quantification of the defendants' benefit from the organised crime
  3. 3 Determination of defendants' realizable assets for recovery

Ratio Decidendi

Court accepted statutory presumptions as defendants failed to rebut with credible evidence; it fixed benefit amounts at the bank inflows (HK$6,529,473 and HK$12,324,116), excluded the value of seized goods from benefit because goods were in custody and could not yield profit, determined realizable assets (D2: HK$4,874,808.34; D3: HK$7,901,421.45) and ordered confiscation equal to those realizable assets with specified payment deadlines and default imprisonment terms.

Court Disposition

Confiscation orders granted against both defendants; recoverable sums set equal to their realizable assets, payment deadlines and default imprisonment terms specified

Orders

  • Confiscation order against 陳港文 (D2) for HK$4,874,808.34 payable by 8 May 2022; default imprisonment 3 years 7 months if unpaid in the period ordered
  • Confiscation order against 陳偉詞 (D3) for HK$7,901,421.45 payable by 8 May 2022; default imprisonment 4 years 5 months if unpaid in the period ordered