香港特別行政區 訴 吳勇

香港特別行政區 訴 吳勇

The judge refused leave because the trial judge's finding that the appellant retained effective control of the sole bank authentication device and therefore the means to operate online transfers was supported by the evidence; challenges based on the IP address and alternative inferences did not show the trial judge...

Source-derived case information.

Citation
[2019] HKCA 455
Parties
Applicant: WU Yong (吳勇); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 April 2019
Case Number
CACC205/2018
Procedural Posture
Criminal Appeal Conviction / Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal against conviction refused; conviction upheld.
Legal Topics
Money Laundering (criminal Proceeds), Control of Bank Authentication Device, IP Address and Location Evidence, Appellate Review of Factual Findings, Knowledge of Proceeds
Source Language
ch
Criminal Law Money Laundering Evidence Banking Law Electronic Evidence Money Laundering (criminal Proceeds) Control of Bank Authentication Device IP Address and Location Evidence +2 more

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Parties

WU Yong (吳勇)

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal Conviction / Application for Leave to Appeal Against Conviction

  1. 1 Whether appellant retained control of the bank account authentication device and therefore controlled online transfers
  2. 2 Whether the presence of an IP address locating activity to the United States invalidates the trial judge's finding of control
  3. 3 Whether the appellant had prior knowledge of incoming unlawful deposits

Ratio Decidendi

The judge refused leave because the trial judge's finding that the appellant retained effective control of the sole bank authentication device and therefore the means to operate online transfers was supported by the evidence; challenges based on the IP address and alternative inferences did not show the trial judge erred such that the conviction was unsafe.

Court Disposition

Application for leave to appeal against conviction refused; conviction upheld.

Orders

  • Leave to appeal refused
  • No further relief granted