Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mens rea of money laundering

Legal area

Court

21 Nov 2016

HKSAR v. EMAM HOSNI GABER IBRAHIM

Citation

HKSAR v. EMAM HOSNI GABER IBRAHIM
Court

Court of First Instance
Case number

HCMA309/2016

Given the appellant's undisputed control of the company accounts and the prompt sequence of receipt, conversion, transfer and withdrawal of the deposited funds, and absent any acceptable contrary evidence, the only reasonable and irresistible inference was that the appellant dealt with the monies and knew or had reasonable grounds to believe they were proceeds of an indictable offence; accordingly the conviction and the 18‑month sentence were upheld.
5 Jun 2014

HKSAR v. LI KWOK CHEUNG GEORGE

Citation

HKSAR v. LI KWOK CHEUNG GEORGE
Court

Court of Final Appeal
Case number

FACC4/2013

The Court held that 'proceeds of an indictable offence' in s25(1) OSCO is confined to money or property derived from or received as a reward/benefit from the commission of the predicate offence; section 2(6)(a) does not extend the concept to otherwise legitimate ('clean') funds used as instruments to further a crime; because the $32 million was clean money intended only as an instrument and there was no evidence appellants received it as a benefit, the s25(1) offence was not made out and the convictions under Charge 4 must be quashed.