HKSAR v. SALIM, MAJED

FAMC No. 71 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 71 OF 2014 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 184 OF 2013)

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BETWEEN

HKSAR Applicant
and
SALIM, MAJED Respondent

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Appeal Committee: Chief Justice Ma, Mr Justice Tang PJ and Mr Justice Fok PJ

Date of Hearing and Determination: 10 February 2015

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D E T E R M I N A T I O N

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Chief Justice Ma:

1. We grant leave to appeal on the points of law of great and general importance as certified by the Court of Appeal, namely:

“In the context of the offence of money laundering under section 25 of the Organized and Serious Crimes Ordinance, Cap.455 (‘the Ordinance’), how does the rule against duplicity operate? In particular, whether the offence of money laundering,capable of being committed in any of the modes of ‘dealing’ as included in its definition under section 2 of the Ordinance, is orcould be a continuing offence [so] that the rule against duplicity does not apply; and how do the exceptions to the rule againstduplicity (namely ‘one transaction’ as in DPP v Merriman [1973] AC 584, ‘general deficiency’ as in R v Tomlin [1954] 2 QB 274 and the ‘continuous course of conduct’ as in Barton v DPP [2001] 165 JP 779) appl[y] to a charge of money-laundering which alleges multiple dealings some of which [involve] money from known and different sources.”

2. The appeal will be heard on 9 June 2015.

(Geoffrey Ma)
Chief Justice
(Robert Tang)
Permanent Judge
(Joseph Fok)
Permanent Judge

Mr Daniel Marash SC, instructed by the Department of Justice, and Mr William Tam, DDPP of that Department, for the Applicant

Mr Phillip Ross and Mr Patrick Wan, instructed by John M. Pickavant & Co., assigned by Director of Legal Aid, for the Respondent