HKSAR govt defends High Court ruling on Ted Hui's asset confiscation

HONG KONG -- The Hong Kong Special Administrative Region (HKSAR) government issued a robust defense on Tuesday regarding a High Court ruling that permits the confiscation of assets belonging to former lawmaker Ted Hui Chi-fung, who has absconded overseas and is currently a wanted individual facing charges for breaching the national security law in Hong Kong.

A HKSAR government spokesperson lodged strong condemnation of what they described as "unfounded smear campaigns and malicious attacks" circulating online in response to the Court of First Instance's order issued on Monday concerning Hui's assets.

"Hong Kong 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. Among others, it is a common and effective practice to make an application to the Court for a confiscation order to prevent offenders from benefiting from their criminal acts. In fact, laws and mechanisms for confiscation of crime proceeds are common around the world. They cover the crime proceeds from commission of any serious offense, including offenses endangering national security," the spokesperson said.

The application for and issuance of the confiscation order must comply with the strict conditions specified in Schedule 3 of the Implementation Rules, including that the court must first be satisfied that the absconded defendant could have been convicted of the relevant offense and must determine whether the defendant has benefited from that offense, the spokesperson said.

"The court must also ascertain the value of the proceeds of the offense endangering national security and the amount that might be realized at the time the confiscation order is made. Therefore, there is absolutely no situation in which private property could be 'confiscated at any time' or 'arbitrarily,'" the spokesperson noted.

Endangering national security is a very serious crime, the spokesperson reiterated, adding that the HKSAR government will do everything possible and use all legal means to pursue and combat criminals who endanger national security as well as to hold them accountable, thereby safeguard national security.