6 Nov 2019
RE KIM DOTCOM AND OTHERS
- Citation
- [2019] HKCA 885
- Court
- Court of Appeal
- Case number
- CAMP123/2019
Leave to appeal was refused because the substantive grounds attacking the restraint order were not reasonably arguable: the Annex to the MLA(US)O validly exempts listed external offences (eg money‑laundering, racketeering) from dual criminality and, in any event, the US copyright offences pleaded satisfy Hong Kong dual criminality; although jurisdictional grounds on exclusivity were arguable, they did not render the substantive challenge sufficiently meritorious to justify leave.