香港特別行政區 訴 沈敏諾

香港特別行政區 訴 沈敏諾

The trial judge properly rejected the applicant's evidence as inherently implausible and, in light of the applicant's role as sole signatory, lack of evident legitimate income and the circumstances of the withdrawals, correctly found the applicant had reasonable grounds to believe the funds were proceeds of crime;...

Source-derived case information.

Citation
[2021] HKCA 1454
Parties
Applicant: SUM Man lok; Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 September 2021
Case Number
CACC45/2021
Procedural Posture
Criminal / Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal conviction refused
Legal Topics
Handling Proceeds of Crime, Knowledge or Reasonable Grounds to Believe, Credibility Findings and Appellate Review, Leave to Appeal
Source Language
ch
Criminal Law Property Offences Money Laundering Handling Proceeds of Crime Knowledge or Reasonable Grounds to Believe Credibility Findings and Appellate Review Leave to Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

SUM Man lok

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal Against Conviction

  1. 1 Whether the applicant knew or had reasonable grounds to believe the funds were proceeds of indictable offences
  2. 2 Whether the trial judge erred in rejecting the applicant's testimony on credibility grounds
  3. 3 Whether there is any arguable ground such that leave to appeal conviction should be granted

Ratio Decidendi

The trial judge properly rejected the applicant's evidence as inherently implausible and, in light of the applicant's role as sole signatory, lack of evident legitimate income and the circumstances of the withdrawals, correctly found the applicant had reasonable grounds to believe the funds were proceeds of crime; there is no basis to grant leave to appeal against conviction.

Court Disposition

Application for leave to appeal conviction refused

Orders

  • Application for leave to appeal conviction refused
  • Applicant warned about the risk under section 83W of the Criminal Procedure Ordinance