RE RAFAT ALI RIZVI AND OTHERS

RE RAFAT ALI RIZVI AND OTHERS

The Court held that the judgment registering and enforcing the Indonesian external confiscation order and appointing receivers as enforcement receivers finally determined the rights of the defendants in respect of the specified property; therefore the judgment was final (not interlocutory) for appeal purposes and leave to appeal was not required. Consequent applications by D1, D2 and D12 to discharge the restraint order were properly dismissed and the appointment of the receivers as enforcement receivers was appropriate to enforce the registered external confiscation order.

Citation
RE RAFAT ALI RIZVI AND OTHERS
Parties
1st Defendant: Rafat Ali Rizvi; 2nd Defendant: Hesham Talaat Mohamed Al-Warraq; 12th Defendant: First Gulf Asia Holdings Limited; Applicant / Representative of Indonesian Government: Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2014
Case Number
HCMP2557/2010
Procedural Posture
Mutual Legal Assistance / Registration and Enforcement of External Confiscation Order / Judgment at First Instance; Application for Leave to Appeal
Outcome
Secretary's applications to register the external confiscation order and to appoint the Receivers as enforcement Receivers allowed; D1, D2 and D12's application to discharge the restraint order dismissed; judgment treated as final for appeal purposes; leave to appeal not required (and would be granted if necessary).
Legal Topics
Registration of External Confiscation Order, Restraint Order, Appointment of Receivers/enforcement Receivers, Final Vs Interlocutory Judgment Determination
Source Language
EN
Mutual Legal Assistance Criminal Confiscation Civil Procedure Appeal/leave to Appeal Registration of External Confiscation Order Restraint Order Appointment of Receivers/enforcement Receivers Final Vs Interlocutory Judgment Determination

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Parties

Rafat Ali Rizvi

1st Defendant

Hesham Talaat Mohamed Al-Warraq

2nd Defendant

First Gulf Asia Holdings Limited

12th Defendant

Secretary for Justice

Applicant / Representative of Indonesian Government

Procedural Posture

Mutual Legal Assistance / Registration and Enforcement of External Confiscation Order / Judgment at First Instance; Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Court's judgment registering and enforcing an external confiscation order and appointing enforcement receivers was final or interlocutory
  2. 2 Whether leave to appeal was required
  3. 3 Whether the restraint order should be discharged in light of registration of the external confiscation order

Ratio Decidendi

The Court held that the judgment registering and enforcing the Indonesian external confiscation order and appointing receivers as enforcement receivers finally determined the rights of the defendants in respect of the specified property; therefore the judgment was final (not interlocutory) for appeal purposes and leave to appeal was not required. Consequent applications by D1, D2 and D12 to discharge the restraint order were properly dismissed and the appointment of the receivers as enforcement receivers was appropriate to enforce the registered external confiscation order.

Court Disposition

Secretary's applications to register the external confiscation order and to appoint the Receivers as enforcement Receivers allowed; D1, D2 and D12's application to discharge the restraint order dismissed; judgment treated as final for appeal purposes; leave to appeal not required (and would be granted if necessary).

Orders

  • Register the Indonesian external confiscation orders (Verdict 3 and Verdict 5E) as external confiscation orders in Hong Kong pursuant to Cap 525
  • Appoint the existing Receivers as enforcement Receivers to enforce the registered external confiscation orders