HKSAR v. WOO YUET SIM AND ANOTHER

HKSAR v. WOO YUET SIM AND ANOTHER

The court found on the balance of probabilities that the cash and transfer deposits into the third‑party HSBC account were payments or rewards received by D2 in connection with both his loan sharking and his money laundering offence, that his aggregate proceeds therefore exceeded the $100,000 threshold, and that the...

Source-derived case information.

Citation
[2019] HKDC 261
Parties
Prosecution: HKSAR; Defendant (d1): Woo Yuet Sim; Defendant (d2): Lam Siu Ho
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 March 2019
Case Number
DCCC1088/2015
Procedural Posture
Criminal Confiscation (osco) / Post‑conviction Confiscation Application/hearing Under S8(1)(a)(i) OSCO
Outcome
Application granted. Confiscation order made against D2 (Lam Siu Ho) for HKD 4,328,000; payment to be made within 6 months; default imprisonment of 3.5 years fixed under s13 OSCO.
Legal Topics
Organized and Serious Crimes Ordinance (osco), Threshold for Confiscation, S10 Statements, Dual Character of Proceeds, Imprisonment in Default
Source Language
en
Criminal Law Confiscation Money Laundering Loan Sharking Proceeds of Crime Organized and Serious Crimes Ordinance (osco) Threshold for Confiscation S10 Statements +2 more

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Parties

HKSAR

Prosecution

Woo Yuet Sim

Defendant (d1)

Lam Siu Ho

Defendant (d2)

Procedural Posture

Criminal Confiscation (osco) / Post‑conviction Confiscation Application/hearing Under S8(1)(a)(i) OSCO

Legal Issues

  1. 1 Whether D2 benefited from the specified offences he was convicted of
  2. 2 Whether deposits to third party account constituted proceeds of money laundering as well as loan sharking
  3. 3 Whether D2's total proceeds meet the $100,000 statutory threshold

Ratio Decidendi

The court found on the balance of probabilities that the cash and transfer deposits into the third‑party HSBC account were payments or rewards received by D2 in connection with both his loan sharking and his money laundering offence, that his aggregate proceeds therefore exceeded the $100,000 threshold, and that the recoverable amount is the total deposits/transfer sum of $4,328,000; a confiscation order for that amount was therefore made with a default imprisonment term of 3.5 years under s13 OSCO.

Court Disposition

Application granted. Confiscation order made against D2 (Lam Siu Ho) for HKD 4,328,000; payment to be made within 6 months; default imprisonment of 3.5 years fixed under s13 OSCO.

Orders

  • Confiscation order against Lam Siu Ho in the amount of HKD 4,328,000
  • Payment to be made within 6 months from order