31 Aug 2023
SECRETARY FOR JUSTICE v. SHIN DONG KI AND OTHERS
- Citation
- [2023] HKCA 1021
- Court
- Court of Appeal
- Case number
- CAMP46/2023
The Court of Appeal held that leave to appeal should be granted only on the narrow point whether the US$10,000,000 paid into R7's account constituted proceeds/benefit under section 2(6)(a) of OSCO (Ground 2), because that issue has arguable merits. The court rejected the respondents' arguments on absconding, abuse of process/double jeopardy, and double recovery/proportionality as having no reasonable prospect of success, endorsing the CFA's broad construction of "absconded" and the discretionary nature of double jeopardy stays.