Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Absconder proceedings

  • 10 Feb 2017

    SECRETARY FOR JUSTICE v. JOHNSON CYNTHIA AND ANOTHER

    Citation
    SECRETARY FOR JUSTICE v. JOHNSON CYNTHIA AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP172/2017

    The court was satisfied on the evidence and authorities that the statutory requirements for absconder confiscation proceedings under section 8 were met (including the absence of respondents, criminal indicators, restraint measures and no legitimate source for the funds) and therefore ordered that the chose in action represented by the credit balances in the bank account be confiscated and paid to the Government of the HKSAR.

  • 30 May 2016

    SECRETARY FOR JUSTICE v. HU WANG LI CHIA

    Citation
    SECRETARY FOR JUSTICE v. HU WANG LI CHIA
    Court
    Court of First Instance
    Case number
    HCMP928/2016

    The court found on the balance of probabilities that the respondent absconded, the statutory notice and reasonable steps requirements were satisfied, the respondent could have been convicted and had benefited in excess of the statutory threshold; the value of realisable property (last credit balances) was US$107,558.10 which was less than assessed proceeds, and because section 11(3) requires the confiscation amount to be the realised amount in such cases the court was obliged to order confiscation of the bank account balances and payment to the Registrar of the High Court.

  • 1 Apr 2016

    SECRETARY FOR JUSTICE v. FANG JINAN

    Citation
    SECRETARY FOR JUSTICE v. FANG JINAN
    Court
    Court of First Instance
    Case number
    HCMP599/2016

    The court was satisfied on the balance of probabilities that the respondent had absconded, reasonable steps and publication notices had been made, the respondent could have been convicted of dealing with property representing proceeds of an indictable offence and had received at least HK$1.24 million from victims; the only realizable property was the last bank credit balance; accordingly the statutory conditions under section 8 OSCO were met and the court ordered confiscation of the account's last credit balance (EUR 9,974.94 and US$250.11) to be paid to the Registrar of the High Court.

  • 6 Jun 2001

    SECRETARY FOR JUSTICE v. LEE CHEUNG WAH

    Citation
    SECRETARY FOR JUSTICE v. LEE CHEUNG WAH
    Court
    Court of First Instance
    Case number
    HCMP113/2001

    The court found all statutory conditions for making an order against an absconder were satisfied on the evidence and s.5 statement; on the balance of probabilities the respondent could have been convicted and had benefited from drug trafficking in the aggregate amount of $6,946,000, and the value of realisable property at the relevant time was $1,272,440.87; accordingly a confiscation order may be made for $6,946,000 and a certificate must be prepared stating the amount that might be realised.