Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mens rea v actus reus

Legal area

Court

29 Nov 2019

HKSAR v. TSE KEE-BO

Citation

[2019] HKCFI 2899
Court

Court of First Instance
Case number

HCMA392/2018

Court held that s52(3)(a) focuses on the driver's subjective purpose to provide carriage for hire or reward; actual payment is not required and no strict requirement of a direct contractual agreement between driver and passenger exists; the provision targets predominantly commercial carriage; BL Article 28 overbreadth and Article 33 freedom issues were not reasonably arguable on the facts and authority; application for certificate dismissed.
30 Jun 2015

HKSAR v. LEUNG SHUN WING

Citation

HKSAR v. LEUNG SHUN WING
Court

Court of First Instance
Case number

HCMP1160/2015

The court held that 'reasonable grounds to believe' is not confined to matters relating to the dealing; having regard to the pattern of large deposits and rapid withdrawals coupled with absence of declared income, the judge was entitled on the balance of probabilities to find reasonable cause to believe the applicant had benefited from a s.25(1) money laundering offence and therefore leave to appeal was refused.