The Director of Public Prosecutions -v- Ms Zhimin Qian and another (privacy order)
Claim No. KB-2024-003157
In the High Court of Justice
King’s Bench Division
6 November 2024
Before:
The Honourable Mrs Justice Hill DBE
Between:
The Director of Public Prosecutions
-v-
Ms Zhimin Qian (also known as Yan Nin and Yadi Zhang)
Ms Jian Wen
Consolidated Privacy Measures Order
IMPORTANT: PENAL NOTICE
IF YOU THE DEFENDANT DISOBEY THIS ORDER YOU MAY BE HELD IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED.
ANY PERSON WHO KNOWS OF THIS ORDER AND DISOBEYS THIS ORDER OR DOES ANYTHING WHICH HELPS OR PERMITS ANY PERSON TO WHOM THIS ORDER APPLIES TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
UPON the Director of Public Prosecutions (“DPP”) having issued civil recovery proceedings on 13 September 2024 under section 243 of the Proceeds of Crime Act 2002 (“POCA”) (the “Civil Recovery Claim”) in respect of multiple items of property (the “Property”)
AND UPON a Property Freezing Order having previously been made by Mrs Justice Cutts DBE on 19 December 2023 (as subsequently varied by Mrs Justice Foster DBE on 18 July 2024) (the “PFO”) on the ground that there is a risk of dissipation in respect of the Property
AND UPON the DPP’s application dated 13 September 2024 seeking privacy measures in respect of the Civil Recovery Claim (the “First Privacy Application”)
AND UPON the First Privacy Application having been granted by Mr Justice Choudhury on 27 September 2024 (the “First Privacy Order”)
AND UPON the DPP’s application dated 18 October 2024 seeking to vary the First Privacy Order and for the Court to make a consolidated privacy measures order which incorporates the variations sought (the “Second Privacy Application”)
AND UPON the Respondents having been served with the Second Privacy Application
AND UPON the Court being satisfied that it is necessary to make the orders sought in the Second Privacy Application under CPR 5.4C(4) and 5.4D(2), CPR 39.2(4), sections 4(2) and 11 of the Contempt of Court Act 1981 and/or under common law
AND UPON the Court determining that it is desirable to consolidate the First and Second Privacy Orders within a single order
AND UPON the CPS informing the Court that it will serve a full copy of this order on the Press Association via the Injunction Applications Alerter Service
AND UPON hearing from Counsel for the DPP and Counsel for the Respondents and the Court sitting in private
AND PURSUANT to CPR 39.2(4), section II of the Contempt of Court Act 1981 and CPR 5.4C and 5.4D and the common law
IT IS ORDERED THAT:
Discharge of the First Privacy Order
1. The First Privacy Order is discharged.
Publication of orders
2. Pursuant to CPR 39.2(5), it is directed that:
(1) the First Privacy Order is not to be published on the website of the Judiciary of England and Wales;
(2) this Order is to be published on the website of the Judiciary of England and Wales, save that Schedule 1 is not to be published and remains confidential.
Duration and application of this order
3. This order shall cease to have effect upon the earliest of the following:
(1) the appointed Trustees for Civil Recovery (“Trustees”) have realised all of the cryptoassets which are subject to the Civil Recovery Claim pursuant to any Civil Recovery Order under Part 5 of POCA;
(2) the Civil Recovery Claim has been dismissed and all rights of appeal have been exhausted; or
(3) further order.
4. This order applies to the names of the proposed or appointed Trustees and their firm whether acting in that capacity or in any interim capacity as regards the management of the Property whether under s.245E of POCA or otherwise.
Right to vary or set aside
5. Any member of the press may apply on notice to all parties to vary or set aside this order within 7 days after service.
Anonymity order
6. The identity of any person who has been nominated by the DPP, or has been appointed by the Court, to be a Trustee for Civil Recovery must not be disclosed.
Reporting restrictions
7. The publication of any report which identifies directly or indirectly:
(1) a proposed Trustee or Trustees for Civil Recovery or their employer;
(2) an appointed Trustee or Trustees for Civil Recovery or their employer;
(3) where or how any of the cryptoassets listed in Schedule 1 are being held;
(4) the terms of this order;
shall be postponed as provided at paragraph 3 herein.
Use of pseudonyms
(a) Existing documents
8. Any document disclosing the names of the nominated Trustees or their firms’ name or address already made or filed in the proceedings shall be replaced by a document describing such names as “CRT1, CRT2 and CRT3” (in respect of the Trustees) and “CRT LLP” (in respect of the firm) and describing such address as Stephenson Harwood LLP, 1 Finsbury Circus, London EC2M 7SH (ref/Project XYZ).
9. The original of any such document disclosing the names or the Trustees, their firm or address placed on the Court file (digital or paper) shall be marked “confidential: not to be opened without the permission of a High Court Judge”.
(b) Future documents
10. The name of the Trustees and their firm shall be described in all statements of case and other documents to be filed or served in the proceedings in future and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “CRT1, CRT2 and CRT3” (in respect of the Trustees) and “CRT LLP” (in
respect of the firm) and their address as Stephenson Harwood LLP, 1 Finsbury Circus, London EC2M 7SH (ref/Project XYZ).
Access to the court file
11. The court file is to be marked “Not for disclosure unless in accordance with paragraphs 12 – 14 of the Consolidated Privacy Order dated 6th November 2024”.
12. A non-party may only inspect or obtain a copy of the Claim Form, or any judgment and/or order given or made in public, which has been redacted by the Claimant to remove any information which may identify directly or indirectly: (a) the Trustees; or (b) details of where or how the cryptoassets in Schedule 1 are being held.
13. A non-party may not inspect or obtain a copy of Schedule 1 without: (a) issuing an application for permission made on 14 days’ notice to the parties; and (b) the Court granting permission.
14. A non-party may not inspect or obtain a copy of any other document on the court file, including for the avoidance of doubt any witness statement or exhibit, without: (a) issuing an application for permission made on 14 days’ notice to the parties; and (b) the Court granting permission.
Costs
15. No order as to costs.
Reasons and purpose of order
The Claimant seeks an order vesting high value cryptoassets in the proposed Trustees for Civil Recovery. This order is necessary to reduce the risk that knowledge, or publication, of the names of the proposed Trustees and their firm, as well as details of how or where the crypto-assets are being held, will encourage or assist attempts by persons unknown unlawfully to divert the cryptoassets to themselves by physical means or violence, electronically by
phishing or by some other means.