Re Kim Dotcom

Read the full judgment text of CAMP 123/2019 on BabelCite. This Court of Appeal judgment was delivered on 6 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”.

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Case No.CAMP 123/2019[2019] HKCA 885
Court
Court of Appeal
Date06 Nov 2019
Judge
Case Document
100%Judiciary

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)

_______________

  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
 

and

  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
 

and

  IN THE MATTER OF the Mutual Legal Assistance in Criminal Matters Ordinance (Cap 525) [sections 5, 27, 28 and Schedule 2]

________________

IN THE MATTER OF

  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
  MEGAUPLOAD LIMITED
(A Hong Kong Company)
2nd Defendant
  VESTOR LIMITED
(A Hong Kong Company)
3rd Defendant
  FINN HABIB BATATO
(A National of Germany)
4th Defendant
  JULIUS BENCKO
(A National of Slovakia)
5th Defendant
  SVEN HENDRIK MICHAEL
THIES ECHTERNACH
(A National of Germany)
6th Defendant
  MATHIAS ORTMANN
(A National of Estonia)
7th Defendant
  ANDRUS NOMM
(A National of Estonia)
8th Defendant
  BRAM VAN DER KOLK
(A National of the Netherlands)
9th Defendant
  JOHN PAUL LLASUS LO
(A National of the Philippines)
10th Defendant
  BART RENE ANNA VAN LANCKER 11th Defendant
  LOVELY ROANN VARGAS 12th Defendant
  WAYNE TEMPERO 13th Defendant
  MEGAMUSIC LIMITED
(A Hong Kong Company)
14th Defendant
  MEGAPAY LIMITED
(A Hong Kong Company)
15th Defendant
  MEGAMEDIA LIMITED
(A Hong Kong Company)
16th Defendant
  A LIMITED
(A Hong Kong Company)
17th Defendant
  N1 LIMITED
(A Hong Kong Company)
18th Defendant
  RNK MEDIA COMPANY
(A Hong Kong Company)
19th Defendant
  MEGASTUFF LIMITED
(A New Zealand Company)
20th Defendant

_______________

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

________________

C O R R I G E N D A

________________

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)”

(Lewis Chan)
for Registrar, High Court

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