Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Quantification of benefit

  • 11 May 2023

    HKSAR v. HA BUT-YEE

    Citation
    [2023] HKCFI 1208
    Court
    Court of First Instance
    Case number
    HCCC319/2016

    The court found on the balance of probabilities that D2’s receipts and trading gains arose from a continuous course of criminal conduct involving general assistance and information from D1 across 356 calls; those receipts fell within s2(6) OSCO as payments in connection with the offence, certifying proceeds at HK$125,664,254.30 and ordering confiscation of the agreed realisable assets HK$63,000,000 with specified payment and default sanctions.

  • 11 May 2023

    HKSAR v. HA BUT-YEE

    Citation
    [2023] HKCFI 1208
    Court
    Court of First Instance
    Case number
    HCCC290/2016

    The court found on the balance of probabilities that the respondent's payments and trading gains arose 'in connection with' a continuous course of criminal conduct spanning the indictment period (16 Jan 2007 to 7 May 2008), that the proper scope for quantification is the whole course of conduct evidenced by 356 calls and related trading, and that the respondent's proceeds of crime amount to HKD125,664,254.30; accordingly the court made a confiscation order for the agreed realisable assets of HKD63,000,000, with a default custodial term prescribed.