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CAMP 123/2019
[2019] HKCA 885
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO 123 OF 2019
(ON AN INTENDED APPEAL FROM HCMP NO 116 OF 2012)
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IN THE MATTER OF the Restraint Order prohibiting dealing with property in Hong Kong dated 18 January 2012, pursuant to section 27 and Schedule 2, section 7 of the Mutual Legal Assistance in Criminal Matters Ordinance Cap 525 |
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and |
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IN THE MATTER OF Order 115A, rule 15 of the Rules of High Court Cap 4A and Schedule 2, section 7(6) of the Mutual Legal Assistance in Criminal Matters Ordinance Cap 525 |
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and |
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IN THE MATTER OF the Mutual Legal Assistance in Criminal Matters Ordinance (Cap 525) [sections 5, 27, 28 and Schedule 2] |
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KIM DOTCOM, also known as
KIM SCHMITZ, TIM VESTOR and
KIM TIM JIM VESTOR
(A National of Germany and Finland and
a Resident of Hong Kong and New Zealand) |
1st Defendant |
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MEGAUPLOAD LIMITED
(A Hong Kong Company) |
2nd Defendant |
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VESTOR LIMITED
(A Hong Kong Company) |
3rd Defendant |
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FINN HABIB BATATO
(A National of Germany) |
4th Defendant |
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JULIUS BENCKO
(A National of Slovakia) |
5th Defendant |
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SVEN HENDRIK MICHAEL
THIES ECHTERNACH
(A National of Germany) |
6th Defendant |
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MATHIAS ORTMANN
(A National of Estonia) |
7th Defendant |
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ANDRUS NOMM
(A National of Estonia) |
8th Defendant |
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BRAM VAN DER KOLK
(A National of the Netherlands) |
9th Defendant |
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JOHN PAUL LLASUS LO
(A National of the Philippines) |
10th Defendant |
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BART RENE ANNA VAN LANCKER |
11th Defendant |
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LOVELY ROANN VARGAS |
12th Defendant |
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WAYNE TEMPERO |
13th Defendant |
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MEGAMUSIC LIMITED
(A Hong Kong Company) |
14th Defendant |
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MEGAPAY LIMITED
(A Hong Kong Company) |
15th Defendant |
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MEGAMEDIA LIMITED
(A Hong Kong Company) |
16th Defendant |
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A LIMITED
(A Hong Kong Company) |
17th Defendant |
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N1 LIMITED
(A Hong Kong Company) |
18th Defendant |
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RNK MEDIA COMPANY
(A Hong Kong Company) |
19th Defendant |
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MEGASTUFF LIMITED
(A New Zealand Company) |
20th Defendant |
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Before: Hon Lam VP and Zervos JA in Court
Date of Hearing: 5 August 2019
Dates of Written Submissions: 16 and 23 August 2019
Date of Judgment: 6 November 2019
Date of Corrigendum: 14 November 2019
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C O R R I G E N D A
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Please note the following corrigendum in the Judgment dated 7 November 2019:
1. In Paragraph 3, in the first sentence, replace “section 7(6) of the MLAO” with “section 7(6) of Schedule 2 of the MLAO”.
2. In Paragraph 5, in the last sentence, replace “6 September 2019” with “5 September 2019”.
3. In Paragraph 32, in the first sentence, replace “Annex of the MLA(US)O” with “Annex to Schedule 1 of the MLA(US)O”
4. In Paragraph 73, in the last sentence, replace “section 118(f)” with “section 118(1)(f)”.
5. In Paragraph 75, in the last sentence, replace “section 118(e)” with “section 118(1)(e)”
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(Lewis Chan)
for Registrar, High Court |
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