Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Organized and serious crimes s.25(1) construction
  • 9 Feb 2007

    OEI HENGKY WIRYO v. HKSAR

    Citation
    OEI HENGKY WIRYO v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC4/2006

    Documents seized from an alleged co-conspirator which are not proven to be authored by that possessor can be admitted against a co-accused for non-hearsay, circumstantial purposes (to show connection, knowledge or participation) by examining their form and contents together with independent evidence; admission does not require invoking the co-conspirators rule. Section 25(1) of Cap.455 criminalizes dealing with property where the defendant knows or has reasonable grounds to believe the property represents proceeds of an indictable offence; the prosecution need only prove the requisite mens re…