香港特別行政區 訴 潘靜侃及另一人

香港特別行政區 訴 潘靜侃及另一人

Under OSCO the court's role at the s8 confiscation stage is limited to assessing the defendant's benefit and not to adjudicating third‑party ownership or beneficial interests; third parties therefore lack standing to intervene as parties at this stage and may pursue claims in enforcement under s17(8) or in civil proceedings.

Citation
[2026] HKDC 458
Parties
Prosecution: 香港特別行政區; Defendant (first): 潘靜侃; Defendant (second): 陳小榮; Applicant (first, Third Party): 李康; Applicant (second, Third Party): 陳秀珍; Applicant (third, Third Party): 潘靜娉
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 March 2026
Case Number
DCCC209/2020
Procedural Posture
Criminal — Confiscation Proceedings Under OSCO / Application by Third Parties to Intervene at the Confiscation (s8) Stage
Outcome
All three applications to intervene in the confiscation proceedings dismissed.
Legal Topics
Confiscation, Third‑party Intervention, Benefit Vs Realizable Property, Execution Vs Determination of Title, OSCO Procedure
Source Language
CH
Criminal Law Asset Recovery Civil Property Law Procedure Confiscation Third‑party Intervention Benefit Vs Realizable Property Execution Vs Determination of Title +1 more

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Parties

香港特別行政區

Prosecution

潘靜侃

Defendant (first)

陳小榮

Defendant (second)

李康

Applicant (first, Third Party)

陳秀珍

Applicant (second, Third Party)

潘靜娉

Applicant (third, Third Party)

Procedural Posture

Criminal — Confiscation Proceedings Under OSCO / Application by Third Parties to Intervene at the Confiscation (s8) Stage

Legal Issues

  1. 1 Whether third parties have legal standing to intervene in OSCO s8 confiscation proceedings at the stage of determining benefit
  2. 2 Whether the court should adjudicate third‑party ownership/beneficial interests during the confiscation (benefit) stage
  3. 3 Proper procedural forum for resolving third‑party proprietary claims (confiscation stage vs enforcement/execution or civil proceedings)

Ratio Decidendi

Under OSCO the court's role at the s8 confiscation stage is limited to assessing the defendant's benefit and not to adjudicating third‑party ownership or beneficial interests; third parties therefore lack standing to intervene as parties at this stage and may pursue claims in enforcement under s17(8) or in civil proceedings.

Court Disposition

All three applications to intervene in the confiscation proceedings dismissed.

Orders

  • Applications of Li Kang (first applicant) and Chen Xiuzhen (second applicant) to intervene in the s8 confiscation proceedings are dismissed.
  • Application of Pan Jingping (third applicant) to intervene in the s8 confiscation proceedings is dismissed.