HKSAR v. YIK SIU-HUNG AND OTHERS

HKSAR v. YIK SIU-HUNG AND OTHERS

On the balance of probabilities the court found Transactions 1 and 2 were proceeds of the offences and that D2 benefited to the value of HK$9,000,000 (Transactions 1–5); D3 received and dealt with HK$3,000,000 and any subsequent return did not negate that she had benefited; accordingly confiscation orders were made for HK$9,000,000 against D2 and HK$3,000,000 against D3 with specified payment periods and default imprisonment terms.

Citation
[2021] HKCFI 60
Parties
Prosecution: HKSAR; 2nd Defendant: YIK Siu-hung; 3rd Defendant: YIP Sui-kuen, Kitty
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 January 2021
Case Number
HCCC561/2013
Procedural Posture
Criminal — Confiscation Proceedings Under OSCO / Post Conviction Confiscation Hearing and Decision
Outcome
Confiscation orders made: D2 ordered to pay HK$9,000,000; D3 ordered to pay HK$3,000,000; payment time limits and default imprisonment terms imposed.
Legal Topics
Benefit Calculation, Proceeds of Crime, Standard of Proof (balance of Probabilities), Realisable Assets, Default Imprisonment Under Confiscation Order
Source Language
EN
Criminal Law Confiscation Money Laundering Conspiracy to Defraud Organized Crime Benefit Calculation Proceeds of Crime Standard of Proof (balance of Probabilities) +2 more

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Parties

HKSAR

Prosecution

YIK Siu-hung

2nd Defendant

YIP Sui-kuen, Kitty

3rd Defendant

Procedural Posture

Criminal — Confiscation Proceedings Under OSCO / Post Conviction Confiscation Hearing and Decision

Legal Issues

  1. 1 Whether specific transactions constituted proceeds of the offences for the purposes of a confiscation order
  2. 2 Whether repayments or transfers after receipt reduce the value of benefit received
  3. 3 Application of balance of probabilities standard under OSCO to quantify benefit

Ratio Decidendi

On the balance of probabilities the court found Transactions 1 and 2 were proceeds of the offences and that D2 benefited to the value of HK$9,000,000 (Transactions 1–5); D3 received and dealt with HK$3,000,000 and any subsequent return did not negate that she had benefited; accordingly confiscation orders were made for HK$9,000,000 against D2 and HK$3,000,000 against D3 with specified payment periods and default imprisonment terms.

Court Disposition

Confiscation orders made: D2 ordered to pay HK$9,000,000; D3 ordered to pay HK$3,000,000; payment time limits and default imprisonment terms imposed.

Orders

  • Confiscation order against Yik Siu-hung (D2) for HK$9,000,000 pursuant to OSCO s8(7), payable within 6 months from the date of the order
  • In default, D2 to serve 56 months' imprisonment under OSCO s13(1)(a)(ii) and (2)