Govt files to seize properties
The Government today filed an application with the Court of First Instance of the High Court for forfeiture of Lai Chee-ying’s offence-related properties, to achieve the important objectives of preventing and suppressing acts and activities endangering national security.
The Court of First Instance earlier convicted Lai Chee-ying of three charges of offences endangering national security.
In a statement, the Government said the application was made 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).
According to Article 32 of the HKNSL, proceeds obtained from the commission of an offence under the 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.
The Government said the Hong Kong SAR 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".
It noted that applying to the court for a forfeiture order is one of the effective means to combat serious crimes and protect the public interest, adding that laws and mechanisms for forfeiture of offence-related properties are commonly found around the world.
The statement also pointed out that 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 Government reiterated that it 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.
The Government will also 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, the statement added.