02 September 2013

Freezing assets: Commissioner of Police v. Keen & ors



Jack Chen and May Wang, who hit the headlines with attempts to buy into the New Zealand dairy industry are facing criminal charges in Hong Kong of conspiracy to defraud.  New Zealand assets they are believed to have an interest in have been frozen by court order.
It is alleged Chen Keen (also known as Jack Chen) and May Hao (also known as May Wang) conspired to defraud the Hong Kong Stock exchange and China Jin Hui Mining Corporation/Natural Dairy (NZ) Holdings when attempting to sell 22 dairy farms owned by the Crafar group at an inflated price and without disclosing their interest. 
The two are alleged to have created false accounting statements overstating farm profits by some fifty million dollars.  Jack Chen is alleged to have received $23.5 million and May Wang $201.6 million.  Funds allegedly received dishonestly from Natural Dairy (NZ) are said to have been used to buy four farms along with residential property in Auckland.
In October 2011, Hong Kong authorities placed a restraining order on their property worldwide.  To be effective, such an order needs to be registered in each country where assets are situated.  In New Zealand, the Mutual Assistance in Criminal Matters Act and the Criminal Proceeds (Recovery) Act set out a mechanism for registration of foreign restraining and forfeiture orders.
In the High Court, Justice Courtney approved registration of the Hong Kong order.  The biggest asset frozen is a 142 hectare farm on the Napier - Te Matai roads valued at just over four million dollars.  The Official Assignee takes control of the property.  The court-ordered freeze does not affect the rights of secured creditors to seize mortgaged assets.
Commissioner of Police v. Keen & ors – High Court (2.09.13)
13.028