HKSAR v. JAVID KAMRAN

HKSAR v. JAVID KAMRAN

The court found the respondent had benefited from the specified offences, accepted the total proceeds at HK$1,190,264, and having evaluated the evidence (including CCTV identifications and withdrawals from the respondent's accounts) concluded that a certified recoverable amount of HK$523,831.20 was appropriate: that sum comprised the full amounts standing to the credit of the two accounts in the respondent's name together with HK$510,500 drawn from the Zeeshan account because the evidence supported, to the requisite standard, that those sums were realisable property in the respondent's hands.

Citation
HKSAR v. JAVID KAMRAN
Parties
Prosecution: HKSAR; Accused: Javid Kamran
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 November 2006
Case Number
HCCC331/2003
Procedural Posture
Criminal Confiscation Proceedings Under Organised and Serious Crimes Ordinance / Post Conviction Confiscation Hearing (application Under Section 8)
Outcome
Confiscation order made; certified recoverable amount HK$523,831.20; payment period six months; default imprisonment 18 months consecutive to current sentence
Legal Topics
Confiscation Order, Restraint Order, Proceeds of Crime, Evidential Inference
Source Language
EN
Criminal Law Asset Confiscation Organised Crime Confiscation Order Restraint Order Proceeds of Crime Evidential Inference

Case Brief

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Parties

HKSAR

Prosecution

Javid Kamran

Accused

Procedural Posture

Criminal Confiscation Proceedings Under Organised and Serious Crimes Ordinance / Post Conviction Confiscation Hearing (application Under Section 8)

Legal Issues

  1. 1 Whether funds in the third party (Zeeshan) account were realisable property in the hands of the respondent
  2. 2 Whether the respondent had effective control over the Zeeshan account such that its funds were proceeds of specified offences
  3. 3 Quantification of the amount recoverable by way of confiscation

Ratio Decidendi

The court found the respondent had benefited from the specified offences, accepted the total proceeds at HK$1,190,264, and having evaluated the evidence (including CCTV identifications and withdrawals from the respondent's accounts) concluded that a certified recoverable amount of HK$523,831.20 was appropriate: that sum comprised the full amounts standing to the credit of the two accounts in the respondent's name together with HK$510,500 drawn from the Zeeshan account because the evidence supported, to the requisite standard, that those sums were realisable property in the respondent's hands.

Court Disposition

Confiscation order made; certified recoverable amount HK$523,831.20; payment period six months; default imprisonment 18 months consecutive to current sentence

Orders

  • Confiscation order as to realisable property in the sum of HK$523,831.20
  • Respondent given six months within which to effect payment of the certified sum