11 Jul 2016
HKSAR v. YEUNG KA SING, CARSON
- Citation
- HKSAR v. YEUNG KA SING, CARSON
- Court
- Court of Final Appeal
- Case number
- FACC5/2015
On proper construction of OSCO s25(1) the prosecution need not prove that the property actually was proceeds of an indictable offence; that characteristic is an element of mens rea (knowledge or reasonable grounds to believe). The mens rea inquiry must focus on the grounds available to the accused (Pang Hung Fai/Seng Yuet Fong), including his beliefs which may be exculpatory. Aggregation of multiple dealings into single counts is permissible where the dealings are connected and form a unified scheme or common purpose of concealment and no unfairness results; the Court declared the Court of Ap…