Called to the Bar in HK in 1985

Wong Man Kit, S.C.

Call

Hong Kong (Admitted as a Barrister-at-Law) 1985
Hong Kong (Appointed as a Senior Counsel) 2001

Education

P.C.LL. The University of Hong Kong 1985
LL.B. (Hons) The University of Hong Kong 1984

Appointments and Services

General

Deputy District Court Judge 1999
Deputy High Court Judge 2002
Member of the Election Committee as a Representative of the Legal Subsector responsible for electing the Chief Executive 2000-2005
Member of the Election Committee responsible for electing the Hong Kong Deputies to the National People’s Congress of PRC 2008-2017
Member of the Criminal Court Users Committee 2003-2017
Member of the Committee on Consultancy Study on the Demand for and Supply of Legal and Related Services 2005-2008
Member of the Council of Duty Lawyer Service 1997-2002
Honorary Consultant to the Society of Rehabilitation and Crime Prevention, Hong Kong
(Mock Trial Justice Education Project)
since 2008
Head of Wong Man Kit SC’s Chambers since 2010

 

Services for the Hong Kong Bar Association

Member of the Bar Council 1997-2002
Member of the Special Committee on Criminal Law and Procedure 1997-2002
Member of the Special Committee on Discipline 1997-2002
Member of the Special Committee on Overseas Counsel’s Admission since 2008

Practice Profile

MK is a bilingual criminal silk who was appointed as a Senior Counsel at the age of 39 in 2001. He founded the Wong Man Kit SC’s Chambers in 2010 and has been the Head of Chambers since then. MK specializes in both trials and appeals in criminal cases (both in English and in Chinese) in all levels of courts, with extensive experience in serious and complex white collar crimes such as money laundering , ICAC and CCB cases, corruption, misconduct in public office, commercial frauds, crimes involving listed companies, securities related cases, and false accounting. MK’s experience also covers a great variety of other cases like homicide, sexual offences, trafficking in dangerous drugs, coroner’s inquest, and many others.

MK defended and advised in a number of high profile cases involving well-known individuals. MK has also prosecuted cases for the HKSAR and given advices to the DOJ. MK sat as a Deputy High Court Judge in 2002, and as a Deputy District Court Judge in 1999, hearing mainly criminal cases. MK’s practice also includes giving advices to clients during investigation stages before criminal charges are laid.

Language

Fluent in Cantonese and English.

Some knowledge of Putonghua.

Notable Cases

1. Yan Sui Ling (嚴穗陵) v. HKSAR (2012) 15 HKCFAR 146

Madam Yan Sui Ling was convicted of a charge of money laundering in the District Court when she was defended by another Senior Counsel. MK conducted the appeal against conviction for the Defendant in the Court of Appeal against conviction. The Court of Appeal dismissed the appeal. MK conducted the Defendant’s appeal to the Court of Final Appeal, and leave to appeal was granted on the limb of substantial and grave injustice. The Court of Final Appeal accepted MK’s submissions and quashed lay client’s conviction of money laundering. The case involved an issue of the impact of underground banking system in the mainland China on money laundering offences in Hong Kong, and whether the trial judge and the Court of Appeal had a wrong assessment of the evidence.

 

2. HKSAR v. Ye Fang and Another
(DCCC 1022/2012, CACC 299/2014)
MK defended Madam Ye Fang in a District Court trial who was charged with money laundering involving over $200m. The prosecution alleged that Madam Ye’s bank account transactions were inconsistent with her income. In the lengthy and complicated trial, the defence called a number of witnesses and produced bundles of documents to explain the transactions. Lay client was convicted after trial. MK conducted the appeal in the Court of Appeal (being led by a London silk), and the appeal involved the application of the legal principles in money laundering cases arising from the Court of Final Appeal judgment in the case of Pang Hung Fai. The appeal was allowed, the conviction was quashed, and a retrial was ordered.

 

3. HKSAR v. Shum Kin Wing (沈建榮) and Another. (DCCC 175/2013, CACC 437/2013)
The Defendants were charged in the District Court with money laundering offences based on their bank account transactions and their tax returns. MK conducted their defence in this lengthy and complicated trial. The defence called many witnesses and produced a lot of documents to explain the bank account transactions. The Defendants were convicted after trial. MK conducted the appeal in the Court of Appeal and the convictions of both Defendants were quashed, and no retrial was ordered. The issues involved law points arising from the Court of Final Appeal case of Pang Hung Fai and whether the trial judge erred in the findings of facts.

 

4. HKSAR v. Cheung Hiu Kwong (張曉光) HCMA 24/2014
MK conducted the appeal in the Court of First Instance for the appellant against the conviction of money laundering charges and no retrial was ordered. It involved law points arising from the Court of Final Appeal judgement in Pang Hung Fai.

5. HKSAR v. Yeung Ka Sing Carson (楊家誠) CACC 101/2014
MK drafted the perfected grounds of appeal for Carson Yeung in the appeal to the Court of Appeal before the Court of Final Appeal judgement in Pang Hung Fai was released, and conducted the first bail pending appeal application which was adjourned. MK had no further involvement in this case afterwards.

6. HKSAR v. 楊思慨 DCCC 208/2013
MK conducted the defence in a money laundering trial for the Defendant in the District Court, who was a businessman involved in unlicensed currency exchange transactions of tens of millions of dollars. He was convicted after trial. The appeal was taken up by another counsel.

7. Appeals in the Court of Final Appeal
MK conducted a number of appeals for the Defendants to apply for leave to appeal to the Court of Final Appeal on various criminal charges. In the following cases, the appeals reached the full Court of Final Appeal:-

(I) Leung Chi Keung v. HKSAR (2004) HKCFAR 526
MK conducted a Magistracy Appeal against an indecent assault conviction, which was dismissed. MK obtained leave to appeal to the Court of Final Appeal. Leave to appeal was granted, inter alia, on a point of law of great and general importance on the evidence of distress in sexual cases. In the appeal, MK assisted the Court of Final Appeal to formulate a direction to the jury when the issue of evidence of distress of the victim is involved in a case of sexual offences.
(II) HKSAR v. Lam Sze Nga (2006) HKCFAR 162
MK conducted the successful appeal by the Defendant against a conviction of trafficking in dangerous drugs in the Court of Appeal and the conviction was quashed and a retrial was ordered. The DOJ appealed to the Court of Final Appeal on a point of law of great and general importance on the issue of the defendant’s right of silence. MK conducted the Defendant’s case in the Court of Final Appeal and succeeded in resisting the DOJ’s appeal. The Defendant’s conviction of the offence of trafficking in dangerous drugs stood quashed in the Court of Final Appeal.

(III) Ko Man Chun v. HKSAR (2010) 13 HKCFAR 123
MK conducted an appeal to the Court of First Instance and then to the Court of Final Appeal against a conviction of acting as a member of a triad society. MK argued that there was a mistaken finding of fact by both the Magistrate and the Court of First Instance. The Court of Final Appeal allowed the appeal against conviction on the limb on substantial and grave injustice based on MK’s argument.

(IV) Yan Sui Ling (嚴穗陵) v. HKSAR (2012) 15 HKCFAR 146
This case has been referred to hereinbefore.

 

8. HKSAR v. Wong Kwan (黃坤), Lew Mun-hung (劉夢熊), Yik Siu Hung and Another HCCC 561/2013
MK defended Madam Yik Siu Hung in the complicated and lengthy High Court jury trial of conspiracy to defraud and money laundering, which involved the purchase of an overseas oilfield by the listed company Pearl Oriental. Stay application and listing rules were some of the relevant issues. Lay client was convicted after trial.

 

9. HKSAR v. Wong Ying Ho Kennedy (黃英豪) and others (HCCC 409/2015, now DCCC 190/2017)
MK acted for Kennedy Wong Ying Ho (the former chairman of a listed company and a member of the Political Consultative Conference of the PRC) who is charged with 2 bribery offences. The trial was to take place before a jury in the High Court in February 2017 for 30 working days. It has now been transferred to the District Court for a 40 days trial, which will begin in October 2017.

 

10. HKSAR v. Chow Heung-wing, Stephen and 2 others (HCCC 437/2015)
MK is acting for Mr. Chow Heung-wing Stephen, who is alleged to be the owner and person in effective control of the companies in the “DR Group”. The Defendant is accused of manslaughter by gross negligence in relation to the death of a person after a procedure involving a cellular product was performed on the deceased. This complicated and lengthy trial is now being heard in the Court of First Instance before a jury, which is estimated to last for 50 working days.

 

11. HKSAR v. Chan Chun Chuen (陳振聰) (HCCC 182/2012)
MK acted for Chan Chun Chuen in his forged will criminal case in the High Court at a certain stage and made certain applications for him.

 

12. HKSAR v. Koon Wing Yee (官永義), Sham Man Keung and others (HCCC 66/2010)
Koon Wing Yee and his co-Defendants were charged with blackmailing Hui Chi Ming over a money dispute involving the shares of a listed company and possession of firearms. MK acted for one of the co-Defendants Sham Man Keung in the High Court jury trial. All the Defendants were acquitted after trial.

 

13. HKSAR v. Yip Kim Po (葉劍波) & Another HCCC 67 & 188/2008
MK defended Yip Kim Po, the chairman of 2 listed companies in a High Court lengthy and complicated jury trial. The jury returned a verdict of Not Guilty on all the 3 charges of commercial fraud after trial and the client was acquitted completely in this case. It involved complicated experts’ evidence on money flow and whether there were false commercial transactions.

 

14. HKSAR v. Yip Wan Fung & Others DCCC 960/2007 & 551/2008
MK defended Yip Wan Fung, the sister of Yip Kim Po (葉劍波) in a lengthy and complicated case of commercial fraud and money laundering involving a listed company which ran over 80 working days in the District Court. Lay Client was convicted after trial. Other counsel took up the appeals in the Court of Appeal and the Court of Final Appeal, which were dismissed.

 

15. HKSAR v. Hu Jia Hua (2004)
MK defended in the District Court in an ICAC case in which corruption charges were laid against Hu Jia Hua, the vice-chairman of the Nanyang Tabacco Co., a subsidiary of the listed company Shanghai Industrial Ltd. The cautioned statement was ruled inadmissible and all charges were dismissed by the trial judge and lay client was acquitted completely.

 

16. HKSAR v. Lu Da Yong and others (2005-2008)
MK defended Lu Da Yong, the chairman of the aforesaid Nangyang Tobacco Co. who was charged with corruption and conspiracy to defraud in the District Court. The complicated trial went on for several months over 2 years. It involved a stay application based on infringement of legal professional privilege. Lay client became absent in the middle of the trial.

 

17. Secretary For Justice v. Chan Chi Wan Stephen (陳志雲) (R1) and Tsang Pei Kun (叢培崑) (R2) CACC 355 of 2011 and CACC 103 of 2012
MK represented R2 in the TVB corruption case. The prosecution appealed against the Defendants’ first acquittal in the District Court and the appeal was heard in November 2012 (The first appeal). The Court of Appeal quashed the acquittal and ordered a resumption of trial in the District Court. In the resumed trial in the District Court, the Defendants were again acquitted (the 2nd acquittal). MK represented R2 in the first appeal in the Court of Appeal and the resumed trial in the District Court. MK had no further involvement in this case since the 2nd acquittal. Both R1’s and R2’s convictions were finally quashed by the Court of Final Appeal in March 2017. The Court of Final Appeal confirmed that MK’s argument in the first appeal in the Court of Appeal that the prosecution has to prove that the agent’s act was detrimental to the principal’s interest was correct.

 

18. HKSAR v. Chan Kar Leung & Others (2004-2006)
MK defended Chan Kar Leung, the chairman of a listed company in a High Court jury trial. The defendant was charged with LC frauds and false accounting. The trial went on for about 2 months. Lay client was convicted after trial. MK represented the client in his appeal in the Court of Appeal. The Court of Appeal dismissed the appeal and MK advised the client to appeal to the Court of Final Appeal. His appeal against conviction was finally allowed in the Court of Final Appeal. (The Court of Final Appeal case was done by another Senior Counsel).

 

19. HKSAR v. John Wong (DCCC 694/2011)
MK prosecuted on fiat in an ICAC investigated case against the former Head of the Department of Surgery of the Hong Kong University. The Defendant was convicted of 2 counts of false accounting and 2 counts of misconduct in public office after trial in the District Court.

 

20. HKSAR v. Kan Ping Chee Brian (簡炳墀) (HCMA 48/2012, FAMC 64/2012)
The former multiple Champion Horse Trainer Kan Ping Chee was convicted of an election offence when he was represented by another Senior Counsel in the trial. M.K. took up the appeal and argued his appeal in the High Court and the Court of Final Appeal. His appeals were dismissed.

 

21. MK defended many other ICAC investigated corruption and fraud charges in both the private and public sectors. In the following trials, all the Defendants were acquitted of all the charges after trial:-

(i) HKSAR v. Li Ling Sau and Another (KCCC 3688/2014)
The Defendant was the principal of a well-known kindergarten who was charged with accepting bribes from a parent of a student.

(ii) HKSAR v. Law Ying Mo (2006)
(iii) HKSAR v. Cheung Yin Ming (2006)
(iv) HKSAR v. Kan Kwok Leung and others (2006)
(v) HKSAR v. Lau Chin Pang and Another (2008)
(vi) HKSAR v. Lo Kwai Wing (2008)
(vii) HKSAR v. Liu Tin Luk (2004)
(viii) HKSAR v. Chan Chi Man and Another (2002)
(ix) HKSAR v. Tam Tak Lung KCCC 2393/2011

 

22. DCCC 647/2001 (2002)
MK defended one of the Defendants in the District Court case, in which his client and a dentist were charged by the ICAC for defrauding the Yan Chai group of hospitals. The client was acquitted of all charges after trial.

 

23. MK has advised well-known clients in commercial crimes and corruption cases whose names cannot be disclosed for confidentiality reasons. For example, MK advised one of the persons under arrest by the ICAC in relation to the case of misconduct in public office involving the former Chief Secretary Rafael Hui Si-yan (許仕仁).

 

24. HKSAR v. Ho Tsan Lam HCCC 322/2011
MK defended a defendant charged with a serious case of drug trafficking in the High Court. The Defendant was acquitted after trial in which the cautioned statement was ruled inadmissible after a voir dire.

 

25. HKSAR v. Ho Kam Kau DCCC 989/2011
MK defended a money laundering case in the District Court. The Defendant was acquitted after trial.

 

26. HKSAR v. Chan Siu & Others (2007)
MK defended all the Defendants (who belonged to the same family) in a District Court trial, who were charged with copyright offences and money laundering. All Defendants were acquitted of all the charges after a trial which lasted for more than a month.

 

27. HKSAR v. Ip Man Man (2003)
MK defended the chairman of a listed company in a District Court case who was charged with stealing money from his own company. The Defendant was acquitted after trial.

 

28. HKSAR v. Yuan Gui Ying DCCC 260/2010
MK defended a money laundering case involving experts’ evidence on money laundering. Lay client was convicted after trial.

 

29. HKSAR v. Lee wing Kan and others (2006)
MK defended the chairman of a listed company who was charged with conspiracy to defraud (LC frauds). The trial went on for about 2 months in the District Court. The client was convicted after trial.

 

30. HKSAR v. Agnes Wong Kin Yee (2008)
MK defended in the District Court the 4th generation owner of Wong Lo Kut Herbal Tea who was charged with false accounting by the ICAC. Lay client was convicted after trial.

 

31. HKSAR v. Law Kam Fai (2005)
MK defended in the District Court the chairman of a rural committee and a member of the Election Committee who was charged with conspiracy to steal the rocks of the Tung Chung River. The trial lasted for about 2 months. Lay client was convicted after trial.

 

32. MK represented Christie Wo Man Shan, owner of the watch brand Philip Stein, in the Insider Dealing Tribunal inquiry into the trading of shares in Vanda Systems and Communications Holding Ltd. (2005-2006) The case went on for several months over 2 years.

 

33. HKSAR v. Wong Kwai Keung (2001)
MK defended the brother of Wong Kwai Fun in a bookmaking case in the District Court. The Defendant was convicted after trial.

 

34. HKSAR v. Law Kam Fat (2001)
MK was able to stay the prosecution in the High Court trial in a drug trafficking case on the ground that evidence in favour of the defence had become unavailable because of the lapse of time. Lay client was released from custody immediately afterwards.

 

35. HKSAR v. Lau Tung Ping (2005)
MK defended the former goal-keeper of the HK Soccer Team who was charged with rape in the High Court. Subsequently, the client’s conviction was quashed on appeal in the Court of Appeal.(The appeal was done by another Senior Counsel).

 

36. HKSAR v. Tsang Chung Chim (2005)
MK defended a police senior inspector who was charged with bookmaking and money laundering. Lay client was convicted after trial.

 

37. Ada Siu Yin Law v. Lo Hung Kwan (1999) [WSS8498-7/1999]
In a private prosecution, MK (being led by a Queen’s Counsel) acted for the Defendant Lo Hung Kwan, who was charged with forging a will. The Magistrate granted MK’s application to stay the prosecution on the grounds, inter alia, of delay of prosecution and the ulterior motive of the prosecutor.

 

38. Application for a summons of private prosecution against Madam Chan Sock Fun (陳淑芬) ESMP 9236/2016
MK represented Madam Chan Sock Fun (陳淑芬), the former organizer of Jacky Cheung’s concerts, in resistance to an application for a summons of private prosecution for conspiracy to defraud against Madam Chan. The application was dismissed by the Magistrate for lack of merits.

 

39. HKSAR v. Tang Kin Kwong CACC 488/2002
On invitation by the judiciary, MK acted as amicus curiae to assist the Court of Appeal in a murder appeal on an important point of law.

 

40. MK has represented medical doctors in death inquests in the coroner’s court in cases involving the death of patients after surgical operations.

 

41. HKSAR v. 孫家強 (Suen Ka Keung) KTCC 3302/2011
The defendant was an osteopathic physician (bone–setter), who was charged with indecent assault against a female TV celebrity in the course of the defendant’s treatment of her. MK successfully conducted the defence for him and the defendant was acquitted after trial.

 

42. Appeals in the Court of Appeal and the Court of First Instance
MK has conducted numerous appeals against convictions and sentences in the Court of Appeal and the Court of First instance apart from the cases mentioned above. In the following cases, the appeals against convictions were allowed and the convictions were quashed:-

(1) HKSAR v. Chan Pun Chung (陳濱松) and Tang Yan Leung (鄧恩亮)
CACC 229/2014
[Charge: blackmail]

(2) HKSAR v. 何濟綱
HCMA 328/2014
[Charge: indecent assault]

(3) HKSAR v. 溫日文
HCMA 67/2014
[Charge: indecent assault]

(4) HKSAR v. 區炳威
HCMA 754/2012
[Charge: fraud]

(5) HKSAR v. 許育彬
HCMA 203/2012
[Charge: indecent assault]

(6) HKSAR v. 岑仲樑
HCMA 8/2012
[Charge: indecent assault]

(7) HKSAR v. 王孟順
HCMA 852/2011
[Charge: indecent assault]

(8) HKSAR v. 張志聰
HCMA 744/2011
[Charge: dangerous driving causing grievous bodily harm; the conviction was reduced to careless driving]

(9) HKSAR v. 朱振偉
HCMA 485/2011
[Charge: assaulting and resisting police officer]

(10) HKSAR v.曾永祥
HCMA 133/2011
[Charges: indecent assault and others]

(11) HKSAR v. 盧小江 and 盧小雄
HCMA 152/2011
[Charges: offences against the Estate Agent Ordinance]

(12) HKSAR v. Tsang Sui Cheung 曾瑞祥
CACC 102/2010
[Charge: attempted robbery]

(13) HKSAR v. 周發強
HCMA 718/2010
[Charge: indecent assault]

(14) HKSAR v. 楊鴻基 and others
HCMA 210/2010
[Charge: assault occasioning actual bodily harm]

(15) HKSAR v. 邱穎思 and Another
HCMA 789/2009
[Charge: an offence against the Trade Description Ordinance]

(16) HKSAR v. 潘志明
CACC 213/2008
[Charge: conspiracy to defraud]

(17) HKSAR v. 薛科斯
HCMA 635/2008
[Charge: indecent assault]

(18) HKSAR v. 江靜茹
HCMA 347/2008
[Charge: assault occasioning actual bodily harm]

(19) HKSAR v. 徐杏村
HCMA 1216/2007
[Charge: indecent assault]

(20) HKSAR v. Wong Shuk Fong
HCMA 1225/2007
[Charge: employing a person not lawfully employable]

(21) HKSAR v. Chau Hon Kwong
CACC453/2006
[Charge: trafficking in dangerous drugs]

(22) HKSAR v. 陳永權
HCMA 1081/2006
[Charge: conspiracy to accept a bribery]

(23) HKSAR v. 蔡有成
HCMA 546/2006
[Charge: gaining access to a computer with dishonest intent]

(24) HKSAR v. Jarhia Kuldeep Singh
CACC 96/2006
[Charge: trafficking in dangerous drugs]

(25) HKSAR v. Lee Ka Ming and others
HCMA 223/2006
[Charge: assisting in the management of a vice establishment]

(26) HKSAR v. 陳永賢
HCMA 209/2006
[Charge: indecent assault]

(27) HKSAR v. Lee Shing Hung
HCMA 903/2005
[Charge: offences under the Theft Ordinance]

(28) HKSAR v. 江潤球
CACC 197/2004
[Charges: bookmaking and money laundering]

(29) HKSAR v. Li Chun Ming
CACC 32/2003
[Charge: detaining forcibly a person with intent to procure a ransom for his liberation]

(30) HKSAR v. Chau Hon Kwong
CACC 234/2004
[Charges: trafficking in dangerous drugs]

(31) HKSAR v. 吳永光
HCMA 351/2004
[Charge: assault occasioning actual bodily harm]

(32) HKSAR v. 賴文財 and 吳瑞麟
CACC 628/2002
[Charge: assault with intent to rob]

(33) HKSAR v. Au Koon Yip and Others
CACC 168/2003
[Charge: wounding with intent]

(34) HKSAR v. 何瑞洪 and others
HCMA 339/2003
[Charge: attempt to pervert the course of justice]

(35) HKSAR v. 李志強
HCMA 259/2003
[Charge: indecent assault]

(36) HKSAR v. 戴曉東
HCMA 272/2003
[Charge: disorderly conduct in public place]

(37) HKSAR v. 羅兆麒
HCMA 53/2003
[Charge: indecent assault]

(38) HKSAR v. 郭惠紅
CACC 161/2001
[Charge: trafficking in dangerous drugs]

(39) HKSAR v. 趙鳳絹 and 嚴之成
CACC 475/2001
[Charge: trafficking in dangerous drugs]

(40) HKSAR v. Lam Chiu Chuen and others
HCMA 288/2002
[Charge: conspiracy to defraud]

(41) HKSAR v. Fan Wai Kit
HCMA 33/2002
[Charge: indecent assault]

(42) HKSAR v. Sung Siu Kam
HCMA 1221/2001
[Charge: theft]

(43) HKSAR v. 張偉逢 and others
HCMA 37/2001
[Charges: assaulting and resisting police offices]

(44) HKSAR v. Cheng Chung Ming
HCMA 210/2000
[Charges: false accounting]

(45) HKSAR v. Tsang Tat Yan and others
CACC 262/1998
[Charges: evasion of liability by deception]
(After the conviction was quashed by the Court of Appeal, the prosecution charged the Defendant with another offence based on substantially the same facts. The District Council Judge granted MK’s application for stay of the prosecution in the 2nd District Court trial).

(46) HKSAR v. Lee Yan Wing and Another
CACC 176/1993
[Charges: robbery and possession of offensive weapons]

(47) HKSAR v. Lui Tak Fai
HCMA 195/1991
[Charge: indecent assault]
Selected Areas of Practice

Money Laundering
(see Notable cases 1, 2, 3, 4, 5, 6, 8, 25, 26, 28, 36, 42(28).

Corruption, Commercial frauds, and ICAC investigated Cases
(see Notable cases 8, 9, 11, 13-23, 27, 29-31, 42(1, 4, 11, 15, 16, 22, 27, 40, 42, 44, 45).

Appeals
(see Notable cases 1, 2, 3, 4, 5, 7, 17, 20, 42).

High Court Trials
(see Notable cases 8, 10, 11, 12, 13, 18, 24, 35, 36).

Sexual Offences
(see Notable cases 7, 35, 41, 42 (2, 3, 5, 6, 7, 10, 13, 17, 19, 25, 26, 35, 37, 41, 47).

Trafficking in dangerous drugs
(see Notable cases 7, 24, 34, 42(21, 24, 30, 38, 39).

Bookmaking
(see Notable cases 33, 36, 42(28).

Homicide and Coroner’s inquest
(see Notable cases 10, 39, 40).

Copyright Offences
(see Notable case 26).

Insider Dealing
(see Notable case 32).

Private Prosecution
(see Notable cases 37, 38).

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