Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Harjani test

  • 21 May 2025

    HKSAR v. LAM KIT WAI AND OTHERS

    Citation
    [2025] HKCA 429
    Court
    Court of Appeal
    Case number
    CACC107/2021

    Leave refused because the judge reasonably concluded, on the totality of circumstantial evidence (large‑scale structured transfers, use of remittance agents and cashier orders, spreading into multiple HKJC accounts, expert opinion on indicia of laundering and absence of credible documentary explanation), that the only irresistible inference was that the defendants had reasonable grounds to believe the monies were tainted and the defence explanations did not displace that inference.

  • 9 Apr 2025

    香港特別行政區 訴 梁惠娟

    Citation
    [2025] HKCFI 1466
    Court
    Court of First Instance
    Case number
    HCMA132/2024

    On a full re‑hearing the court accepted that the appellant's personal circumstances, knowledge of cash wage practices on construction sites and her close family relationship with the second defendant were relevant 'grounds' that a reasonable person in her position might hold; applying the Harjani two‑step test the appellate court was not satisfied beyond reasonable doubt that any reasonable person knowing those facts would necessarily have believed the funds were proceeds of crime. The conviction was therefore unsafe and was quashed with sentence suspended.