28 May 2012
RE YEUNG KA-SING CARSON AND OTHERS
- Citation
- RE YEUNG KA-SING CARSON AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2595/2011
The appeal is dismissed because (1) the non-production of the expert report in the ex parte affidavit was not material: the affidavit adequately summarised the expert's opinions and the report did not undermine the prosecution's case; (2) imposing a cap was premature and inappropriate given the possibility of additional assets, contributions and accretions increasing the quantifyable benefit at confiscation proceedings; and (3) the learned judge's reasons, considered in context of extensive written and oral submissions, were adequate and the respondents suffered no prejudice.