HKSAR v. SHING SIU MING AND OTHERS

HKSAR v. SHING SIU MING AND OTHERS

The court held that the statutory phrase "any payments or other rewards" is to be interpreted broadly to include all payments received in connection with drug trafficking (including conduits); the prosecution proved on the balance of probabilities that each defendant benefited and established assessed proceeds;...

Source-derived case information.

Citation
HKSAR v. SHING SIU MING AND OTHERS
Parties
Prosecution: HKSAR; 1st Defendant: SHING SIU MING; 2nd Defendant: KWONG PO YIN; 3rd Defendant: SENG YUET FONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 2000
Case Number
HCCC219/1996
Procedural Posture
Criminal Confiscation (drug Trafficking) / Judgment (confiscation Proceedings)
Outcome
Confiscation orders made against all three defendants for assessed proceeds; default imprisonment terms fixed; time to pay fixed; prosecution to prepare certificates; costs addressed.
Legal Topics
Statutory Interpretation of "any Payments or Other Rewards", S.4(3) Assumptions and Presumptions, Onus of Proof (balance of Probabilities), Realisable Property and Valuation, S.6 Confiscation Amount and S.6(3) Realisable Amount, Imprisonment in Default (s.8), Compatibility With Basic Law and Bill of Rights
Source Language
en
Criminal Law Drug Trafficking Asset Confiscation Proceeds of Crime Constitutional/human Rights Statutory Interpretation of "any Payments or Other Rewards" S.4(3) Assumptions and Presumptions Onus of Proof (balance of Probabilities) +4 more

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Parties

HKSAR

Prosecution

SHING SIU MING

1st Defendant

KWONG PO YIN

2nd Defendant

SENG YUET FONG

3rd Defendant

Procedural Posture

Criminal Confiscation (drug Trafficking) / Judgment (confiscation Proceedings)

Legal Issues

  1. 1 Whether defendants "benefited from drug trafficking" under s.3
  2. 2 Proper interpretation of phrase "any payments or other rewards" in s.4(1)
  3. 3 Whether s.4(3) assumptions apply to particular assets and expenditures

Ratio Decidendi

The court held that the statutory phrase "any payments or other rewards" is to be interpreted broadly to include all payments received in connection with drug trafficking (including conduits); the prosecution proved on the balance of probabilities that each defendant benefited and established assessed proceeds; s.4(3) assumptions may be applied where rational and realistic and were applied to Shing; the amounts that might be realised were assessed and confiscation orders were made accordingly with specified default imprisonment and payment periods.

Court Disposition

Confiscation orders made against all three defendants for assessed proceeds; default imprisonment terms fixed; time to pay fixed; prosecution to prepare certificates; costs addressed.

Orders

  • Confiscation order against Shing Siu-ming in the sum of HK$29,688,272.67; default imprisonment if unpaid: 7 years; time to pay: 4 months; prosecution to prepare draft certificate for approval
  • Confiscation order against Kwong Po-yin in the sum of HK$2,644,729.93; default imprisonment if unpaid: 2.5 years; time to pay: 4 months; prosecution to prepare draft certificate for approval