9 Mar 2012
SECRETARY FOR JUSTICE on behalf of the GOVERNMENT OF THE UNITED MEXICAN STATES v. ZHENLY YE GON AND ANOTHER
- Citation
- SECRETARY FOR JUSTICE on behalf of the GOVERNMENT OF THE UNITED MEXICAN STATES v. ZHENLY YE GON AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV174/2011
Because Mexican law (Art.4) treats all property of a convicted person as potentially forfeitable unless the defendant proves lawful origin, the requesting state was not required to produce a quantitative sufficiency analysis of assets restrained elsewhere and the Hong Kong court was not obliged to make a contrary finding; furthermore the appellants failed to make full and frank disclosure to justify release of funds, so the restraint order was properly continued and the variation refused.