8 Jan 2025
SECRETARY FOR JUSTICE v. SHIN DONG KI AND OTHERS
- Citation
- [2025] HKCA 65
- Court
- Court of Appeal
- Case number
- CACV29/2023
The Court of Appeal set aside the Judge's decision and discharged the restraint order because the ex parte application and supporting materials failed to particularise a specified offence coherently (the particulars of the Hong Kong charge did not match the Korean predicate relied upon), the Secretary could not show on the material before the court that R1 had derived a recoverable benefit from the specified offence as required by OSCO (the tax central to the Korean scheme had been repaid and R1 acted as nominee), and therefore the statutory preconditions for a restraint order were not satisf…