In November 2014 the Court of Appeal allowed an appeal brought by convicted defendants who had faced 10 charges of money laundering. The Court of Appeal further declined to order a re-trial on the basis that the charges were duplicitous. The charges had been drafted to cover a period of time, the amounts particularized in the charges were aggregate amounts representing a number of different transactions during that period of time and the different transactions they represented were all deposits into (rather than withdrawals from) the accounts. Mr. Justice McWalters JA, giving the judgement of the Court, said:
On an application by the Department of Justice, the Court of Final Appeal has granted leave to appeal on the following point of law of great and general importance:
The appeal (HKSAR-v-Salim Majed and Dahdal Hafez) has not yet been listed to be heard by the Court of Final Appeal. The Court of Appeal judgements can be found here:
HKSAR v SALIM, MAJED and DAHDAL, HAFEZ CACC 184/2013
HKSAR v SALIM, MAJED CACC 184/2013
It is understood that a large number of money laundering cases currently before the Hong Kong courts will be affected by the decision of the Court of Final Appeal.