3 Dec 1998
SECRETARY FOR JUSTICE v. LEE CHAU PING AND ANOTHER
- Citation
- SECRETARY FOR JUSTICE v. LEE CHAU PING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP4412/1996
For absconded defendants whose whereabouts are unknown the court may rely on a s.5 statement to satisfy s.3(2)(c)(iii) that the person could have been convicted; the appropriate standard for that factual satisfaction is the civil standard (balance of probabilities); third parties have no standing to oppose the confiscation application itself but have rights to challenge realization under s.12, and where evidence and statutory assumptions show benefit and control the court may assess proceeds and order confiscation and certificates accordingly.