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COMMENTHK Ted Hui's Funds CHINA DAILY | HONG KONG EDITION Tuesday, December 22, 2020 | 5 COMMENTHK TO THE POINT Ted Hui’s funds: Freezing bank STAFF WRITER accounts legal and proper Let justice prevail in SAR “If we do not maintain justice, citizens will fi nd it reassuring since says few people will shed any tears for an justice will not maintain us.” their greatest concern amid the Grenville Cross Francis Bacon’s insight in 17th- turmoil is nothing but restoring individual who has hoodwinked the judiciary, betrayed his century England is equally valid law and order in the city. in Hong Kong in 2020. The Court The Court of Final Appeal constituents, and, at least for the time being, cheated justice of Final Appeal brought justice ends the yearlong controversy back to the city on Monday when surrounding the government’s it ruled that it was constitutional move to quell the illegal activities hen the former Dem- security department, has now confi rmed for the government of the special by invoking the ERO to prohibit ocratic Party legisla- that, in the course of investigating suspected administrative region to invoke the face coverings at demonstrations. tor, Ted Hui Chi- violations of the National Security Law, Emergency Regulations Ordinance Over the months, the opposition fung, fl ew to Den- assistance had been sought from various to impose a mask ban at the height camp’s pretext of “protecting mark, on November banks, asking them to freeze funds related of the street violence in October human rights” has served as a 30, ostensibly to to a crowdfunding operation linked to Hui. 2019. handy tool for the naysayers to attend a meeting Grenville Cross He revealed that Hui may have diverted The justice, although it arrived smear the SAR government’s The author is a senior counsel, law profes- on climate change, he faced nine criminal sums away from their intended purpose in the fi nal days of an eventful legal exertion of power in an sor and criminal justice analyst, and was for his own personal use, by using various Wcharges, some grave. He had been trusted previously the director of public prosecu- 2020, settled the matter once and unprecedented social crisis, and by the Chief District Court Judge, Justin tions of the Hong Kong SAR. accounts to which he had access, and this for all, and lit the light at the end they conveniently ignore the fact Ko King-sau, who permitted him to leave is now being investigated. Indeed, John Lee of the tunnel as Hong Kong is that invoking the ERO was solid Hong Kong on a duty visit from November If, therefore, Hui imagined that explained on December 16 that “the reasons wading through the aftermath of evidence of the “one country, two 30 to December 5, on condition he returned for freezing the accounts were linked to a yearlong social unrest amid an systems” principle. thereafter. Hui, however, betrayed Ko’s trust, he could finance his life on money laundering, and had nothing to do economically crippling pandemic. Facts are facts. The judges have and fl ew to London instead on December 5, with his absconding”. The vast majority of local resi- fi nally acknowledged the truth where he said he intends to remain in self- the run with funds from Hong In Hong Kong, crowdfunding itself is dents and lawmakers expressed that “the situation on the streets imposed exile. Kong, he will have had a rude largely unregulated, although both equity their approval of the top court’s and in other public places in Hong The o enses Hui faces include attempt- crowdfunding, by which people invest in an ruling as pro-establishment coun- Kong had become dire” because ing to pervert the course of public justice, awakening. early-stage unlisted company, and peer-to- cilors immediately announced of the rampant street violence and obtaining access to a computer with dishon- peer online lending, are controlled. If, how- they will back the verdict. mass defi ance of the rule of law. est intent, and criminal damage. He has ever, crowdfunding is used to raise money for The unanimity in the fi ve-judge By holding that the government’s also been charged with using a harmful surprisingly, he has touched base with the one purpose, but it is then used for another, panel’s verdict at the Court of Final ban on face-covering was “clearly substance to harm others, arising out of London-based Hong Kong Watch, the notori- whether involving specifi c crime or personal Appeal demonstrates that the city proportionate”, the court ruled that an incident in the Legislative Council when ous propaganda outfi t which whitewashes enrichment, this will constitute an o ense. If is getting back to law and justice, the ambit of the power to make noxious substances were thrown around, and protest-related violence and peddles fallacies a bank has concerns that a particular transac- which has been the outcry of subsidiary legislation was “not contempt, arising out of another incident about China. Its founder, the serial fantasist, tion is illegal, it is required to fi le a suspicious peace-loving people in Hong Kong unconstitutional”. When the truth there when fi ghting broke out and the Coun- Benedict Rogers, even claimed that the freez- transaction report (STR) with the authorities. for months, if not years. The ver- is in action, there is justice. cil’s o cials were injured. By his failure to ing of Hui’s assets was a “terrible incident” In 2019, the Joint Financial Investigation Unit dict read, “The interests of Hong It can be logically estimated return, he is also now liable to prosecution for that had “shocked the world”, which, even for (JFIU) received 51,588 STR reports, of which Kong as a whole should be taken that should justice come earlier, bail violation, an o ense punishable with 12 him, was ludicrous. about 86.6 per cent, or 44,689, were fi led by into account since the rule of law law and order will defi nitely be months’ imprisonment and an unlimited fi ne. The police force has, however, revealed that the banks. itself was being undermined by restored sooner. Maintaining jus- While in Denmark, moreover, Hui reported- the bank accounts of Hui and his family were The JFIU, which was established in 1989, the actions of masked lawbreak- tice is no easy task for Hong Kong, ly met with the president and vice-president frozen on suspicion of misappropriating dona- comprises o cers from the Hong Kong Police ers who, with their identities but the citizens may still breathe a of the Danish Parliament’s Foreign Policy tions. John Lee himself says this law enforce- Force and the Customs and Excise Depart- concealed, were seemingly free to sigh of relief even though justice is Committee, on December 2. According to ment action was conducted in accordance ment. It manages the STR system in Hong act with impunity.” All law-abiding a little delayed. Danish insiders, he used the meeting to call with the anti-money laundering legislation, Kong, and, when reports are received, it for the European Union to enact legislation a reference to the Organized and Serious analyzes them, and, if there are grounds for enabling sanctions to be imposed on Chinese Crimes Ordinance (Cap.455). He explained concern, it then alerts the law enforcement o cials deemed to have violated human that the “asset freezing mechanism is to pro- agencies in or outside Hong Kong, as well as Winter leaves rights in Hong Kong. If true, Hui would be tect the property of victims, so lawbreaking fi nancial intelligence units elsewhere. Once guilty of colluding with external forces to elements cannot use these as they wish”. the JFIU issues a Letter of No Consent (LNC), bring about hostile outcomes in his home Having raised money by crowdfunding, in response to the STR, the bank, or other city, contravening the National Security Law, Hui brought two unmeritorious private pros- fi nancial institution, is required to freeze the an o ence which, if classifi ed as “grave”, is ecutions, one against a police o cer and the account. punishable with “life imprisonment or fi xed- other against a taxi driver, both of whom had The LNC informs the institutions that the term imprisonment of not less than 10 years” upset the protest movement, whose patsy police reasonably suspect that the funds are (Art.29). he was. After the Secretary for Justice ascer- the proceeds of an indictable o ense, and Given the scale of Hui’s alleged criminality, tained they had no evidential foundation, and the bank must then act on it. If it allows the therefore, he is clearly a fugitive who must be were an abuse of process, both cases were account holder to access the funds, it could relentlessly tracked. The Secretary for Secu- dismissed by the courts. Not surprisingly, be guilty of money laundering. In Hui’s rity, John Lee Ka-chiu, has described him as therefore, Hui only needed to dip very slightly case, therefore, the JFIU must have had “shameless, hypocritical and cowardly”, and into his war chest, which was vast. genuine concerns over the money in Hui’s he must be pursued to the end of his days. In an audit declaration dated August accounts, and, once the banks were asked Although it beggars belief, he has even had 14, Hui disclosed that HK$3,608,607 had to freeze them, they were obliged to comply. the gall to complain that the Home A airs been raised by crowdfunding, of which Notwithstanding, therefore, the absurd Bureau has stopped the monthly payments of HK$1,126,237 went on legal fees.
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