Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Disclosure defence (s25a)
  • 11 Jul 2016

    HKSAR v. SALIM, MAJED

    Citation
    HKSAR v. SALIM, MAJED
    Court
    Court of Final Appeal
    Case number
    FACC1/2015

    Court held (1) Oei was correctly decided: prosecution need not prove that property in fact represents proceeds of an indictable offence where liability is founded on the 'reasonable grounds to believe' limb of s25(1); (2) mens rea is assessed by reference to the grounds available to the defendant and the Seng Yuet Fong formulation as applied in Pang Hung Fai governs assessment of 'reasonable grounds to believe'; (3) the 1995 amendments re-cast s25 to focus on property and grounds known to the defendant and legislative history and confiscation regime support that change; and (4) the rule again…