HKSAR Government files application with court to forfeit Lai Chee-ying's offence-related properties
The Hong Kong Special Administrative Region (HKSAR) Government today (April 2) filed an application with the Court of First Instance for forfeiture of the offence-related properties of Lai Chee-ying, in accordance with the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKNSL) and the Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Implementation Rules), in order to achieve the important objectives of preventing and suppressing acts and activities endangering national security.
Lai Chee-ying, Photo source: Sing Tao Daily
The Court of First Instance of the High Court earlier convicted Lai Chee-ying of three charges of offences endangering national security. The court pointed out that Lai Chee-ying was the mastermind and driving force behind the case, consciously using Apple Daily and his personal influence to carry out a consistent campaign with a view to undermining the legitimacy or authority of the Central Government, the HKSAR Government and their institutions, and harming the relations between the Central Government and the HKSAR Government with the people in Hong Kong, which went far beyond what should be permissible under the law; and that he repeatedly colluded with foreign forces to beg for sanctions and engaged in hostile activities against the Central Government and the HKSAR Government. The court sentenced Lai Chee-ying to 20 years' imprisonment in the end.
According to Article 32 of the HKNSL, "proceeds obtained from the commission of an offence under this Law including financial aid, gains and rewards, and funds and tools used or intended to be used in the commission of the offence shall be seized and confiscated". The application for and issuance of a forfeiture order must comply with the strict conditions set out in Schedule 3 to the Implementation Rules. The Court of First Instance may order the forfeiture only if it is satisfied, after an application is made by the Secretary for Justice, that the property to be forfeited meets relevant conditions.
Central Government Offices, Photo source: reference image
A spokesperson for the HKSAR Government stated, "The HKSAR is a society underpinned by the rule of law and has always adhered to the principle that 'laws must be obeyed and lawbreakers be held accountable'. Amongst others, applying to the court for a forfeiture order is one of the effective means to combat serious crimes and protect the public interest, and laws and mechanisms for forfeiture of offence-related properties are commonly found around the world. A forfeiture order made for the purpose of safeguarding national security can prevent persons convicted of offences endangering national security, their accomplices or agents from continuing to use their offence-related properties to engage in acts and activities endangering national security, so as to cut off the funding chains for offences endangering national security and to weaken their capacity to commit offences endangering national security."
The spokesperson reiterated, "The HKSAR Government will, as always, steadfastly and strictly adhere to the principle of the rule of law, stay committed to ensuring that laws are observed and strictly enforced to bring offenders to justice, and will effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law while protecting the lawful rights and interests of Hong Kong residents and other people in Hong Kong."
Photo source: reference image
