Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Money laundering under s.25 cap.455

Legal area

Court

16 Feb 2012

HKSAR v. CHAN KIM CHUNG, NELSON

Citation

HKSAR v. CHAN KIM CHUNG, NELSON
Court

Court of Appeal
Case number

CACC432/2010

Where the s.25 offence merely records receipt of funds that are the direct fruit of the predicate offence and there is no distinct money‑laundering purpose or additional culpability, no effective additional sentence should be imposed for s.25; the court must ensure overall sentence reflects true culpability applying totality and concurrency as appropriate. Applying that principle, the Court allowed the appeal in part, quashed and substituted sentences for the blackmail charges and ordered the s.25 sentence to run concurrently.
7 Jun 2007

HKSAR v. LEE WAI YIU AND OTHERS

Citation

HKSAR v. LEE WAI YIU AND OTHERS
Court

Court of Appeal
Case number

CACC100/2006

The Court held that under s.25(1) Cap.455 the prosecution need not universally prove the predicate indictable offence as part of actus reus; proof focuses on the defendant's knowledge or reasonable grounds to believe the property represented proceeds of an indictable offence. The judge was entitled to accept the forensic accountant's analysis (including cash and transfer transactions) and, on the volume, timing with race meeting settlement days, cash proportions, lack of declared income and presence at bookmaking premises, to infer beyond reasonable doubt that each defendant knew the monies w…