Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Organized and serious crimes ordinance s25(1)

Legal area

Court

17 Oct 2014

HKSAR v. CHENG KAI MING CHARLES

Citation

HKSAR v. CHENG KAI MING CHARLES
Court

Court of Final Appeal
Case number

FACC5/2013

Because the money alleged to have been laundered was clean and therefore could not constitute proceeds of an indictable offence under s25(1) OSCO, the convictions on Charge 4 could not stand; accordingly appellants are entitled to full costs of the substantive appeals, subject to discretions to discount costs where parties pursued unmeritorious grounds (applied to leave applications and Court of Appeal costs), and certification for counsel was limited to two counsel.
17 Oct 2014

HKSAR v. TSANG WAI LUN WAYLAND AND ANOTHER

Citation

HKSAR v. TSANG WAI LUN WAYLAND AND ANOTHER
Court

Court of Final Appeal
Case number

FACC6/2013

Because the money alleged to be laundered was not the proceeds of an indictable offence within s25(1) OSCO, convictions on Charge 4 were quashed and appellants are entitled to full costs of the substantive final appeals; proportions of earlier appellate costs were adjusted by reference to the merits of grounds pursued and conduct (50% for Appeal Committee applications; Li and Cheng two‑thirds of Court of Appeal costs; Tsang and Kwok to bear their own CA and trial costs). Certificates for two counsel were granted but none for more than two.