Hong Kong practitioners will know that the application of the law on money-laundering has been re-articulated by the Court of Final Appeal in Pang Hung Fai (FACC8 of 2013). We reported on this in November 2014. In April 2015 we reported on the case of Salim Majid where the question of duplicity in money-laundering charges is to be considered by the Court of Final Appeal. The question of duplicity in money laundering charges has again arisen in the appeal of the former Birmingham City Football Football Club President, Carson Yeung Ka Sing. The Prosecution has been granted leave to appeal on the following questions:
At the same time, Mr. Yeung has been granted leave to appeal on these questions:
Since the Oei Hengky Wiryo decision in 2007, prosecutors (unlike in England and Wales) do not have to prove that the money handled in a money laundering trial is, in fact, the proceeds of crime, and it has not been necessary to establish the predicate offence. Carson Yeung and his legal team will be seeking to establish, in the appeal set down to be heard from 31 May to 2nd June 2016, that the Oei Hengky Wiryo decision of the Court of Final Appeal was wrong.