“It is understandable that great frustration and a genuine sense of unfairness, to say the least, would be felt when an accused’s admission about killing someone outside this jurisdiction could not be a basis to bring a murder or manslaughter charge in Hong Kong,”
Judge Anthea Pang said "great frustration and a serious sense of unfairness" should not overshadow the fact that the case was a money laundering prosecution, not a murder trial.
42. That said, it is understandable that great frustration and a genuine sense of unfairness, to say the least, would be felt when an accused’s admission about killing someone outside this jurisdiction could not be a basis to bring a murder/manslaughter charge in HK. However, justice equally demands that an accused is to be sentenced on the basis of the offences with which he has been charged and of which he has been convicted, not on any other offences or matters, albeit matters which may disclose much greater criminality than the offences charged.
43. We should never lose sight of the fact that no matter how likely an accused has actually committed a most heinous crime, he is entitled to the full protection of his rights associated with a fair trial. If it were otherwise, it would mean short-circuiting our criminal procedure and this affects not only the accused, but also the integrity of our entire criminal justice system. These are fundamental principles which should always be borne in mind.
44. Now, other than the disputed paragraphs, there is full acceptance on the part of the defence that the Accused knew that the properties he dealt with were proceeds arising from the thefts he committed on the deceased whom, admittedly, he himself had killed.