HKSAR v. Chan Chun Sing Jason

FAMC No. 86 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 86 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC NO. 439 OF 2009)

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Between:

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DETERMINATION

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Mr Justice Bokhary PJ :

1.It is plain that there was a circumstantial case - indeed a strong circumstantial case – that the applicant had at least reasonable grounds to believe that the property concerned represented the proceeds of an indictable offence.

2.Mr Derek Chan for the applicant has most ably put forward everything that can be urged in support of this application.  But we are of the view that the way in which the Court of Appeal dealt with the matter, by accepting the relevance of the expert evidence and reducing the sentence accordingly, eliminated the effect of the trial judge’s error in disregarding that evidence.  We do not consider it reasonably arguable that the Court of Appeal had to go further and quash the conviction.  So there remains, in our view, no departure from accepted norms for the Court of Final Appeal to redress.  Leave to appeal is therefore refused. 

Mr Derek Chan, instructed by Chong & Partners, for the applicant

Ms Olivia Tsang SPP, of the Department of Justice, for the respondent