HKSAR v. JOHN NELSON

IN THE COURT OF APPEAL

1996, No.212
(Criminal)

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J U D G M E N T

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Power, Ag. Chief Judge, H.C. (giving the judgment of the Court):

1. The applicant asks for an adjournment of this application for leave to appeal against a confiscation order which was made by Judge Kilgour pursuant to s.8 of the Organized and Serious Crimes Ordinance. He asks for the adjournment so that he can file an affidavit explaining why was it that he did not disclose what he now says is the true position when he was before Judge Kilgour in November 1996. The judge was at that time considering whether he should make the confiscation order. This application is opposed. We are told by Mr. Harris, who appears for him today, that he did not disclose the true position, which was that he was intimately involved in the offences, because he was given strong advice that if he did so it would prejudice his then pending appeal against conviction. It clearly would have as he was maintaining, entirely falsely as he now admits, that he was not involved in the offences at all. It now suits his purpose to admit involvement so that he can claim that others received a large part of the proceeds and that he should not be held liable to account for them all. He seeks to suggest that this entirely duplicitous course of action was a good reason for not then revealing the truth of the matter before Judge Kilgour and that he should be granted an adjournment to allow him to do so. We are not prepared to give any countenance to such a course of action.

2. The application for an adjournment and for leave to appeal against the order are both refused.