RE LAU KOON CHIU

RE LAU KOON CHIU

Restraint order varied only to the limited extent of releasing funds necessary for agreed maintenance payments and legal expenses; legal bills may be taxed immediately and at three monthly intervals; the interlocutory court cannot determine rebuttal of s.4 assumptions which is reserved for the post-conviction confiscation process; the Crown is entitled to attend taxation hearings and the Master will decide privilege issues.

Citation
RE LAU KOON CHIU
Parties
Applicant/defendant: Lau Koon Chiu; Respondent: The Crown
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 March 1990
Case Number
HCMP3085/1989
Procedural Posture
Criminal Restraint Order Under Drug Trafficking (recovery of Proceeds) Ordinance / Interlocutory Application to Vary Ex Parte Restraint Order (application to Release Funds for Maintenance and Legal Fees)
Outcome
Application to vary restraint order granted in part.
Legal Topics
Restraint Order, Variation of Restraint Order, Statutory Presumptions (s.4), Maintenance Payments, Legal Costs Taxation, Compensation (s.27)
Source Language
EN
Criminal Law Asset Forfeiture/confiscation Procedural Law Restraint Order Variation of Restraint Order Statutory Presumptions (s.4) Maintenance Payments Legal Costs Taxation +1 more

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Parties

Lau Koon Chiu

Applicant/defendant

The Crown

Respondent

Procedural Posture

Criminal Restraint Order Under Drug Trafficking (recovery of Proceeds) Ordinance / Interlocutory Application to Vary Ex Parte Restraint Order (application to Release Funds for Maintenance and Legal Fees)

Legal Issues

  1. 1 Whether the court should freeze the defendant's entire estate where alleged proceeds are less than total assets
  2. 2 Whether the court may release property subject to a restraint order before conclusion of proceedings
  3. 3 Whether the defendant can rebut the assumptions in s.4 at the interlocutory variation stage

Ratio Decidendi

Restraint order varied only to the limited extent of releasing funds necessary for agreed maintenance payments and legal expenses; legal bills may be taxed immediately and at three monthly intervals; the interlocutory court cannot determine rebuttal of s.4 assumptions which is reserved for the post-conviction confiscation process; the Crown is entitled to attend taxation hearings and the Master will decide privilege issues.

Court Disposition

Application to vary restraint order granted in part.

Orders

  • Restraint order to remain in force except that funds sufficient to meet agreed maintenance payments are to be released to the applicant.
  • Funds to meet legal fees incurred to date to be released and the legal bill taxed forthwith by a Master.