HKSAR v. ASIM NADEEM

HKSAR v. ASIM NADEEM

The defendant had absconded without reasonable excuse and the surety failed to fulfil his obligations; the surety did not discharge the heavy burden to show that a lesser sum should be forfeited; accordingly the full deposited sum of $50,000 is forfeited.

Source-derived case information.

Citation
[2018] HKDC 166
Parties
Prosecution: HKSAR; Defendant: Asim Nadeem; Surety: Mr Khawaja Muhammad Kamran
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 February 2018
Case Number
DCCC173/2017
Procedural Posture
Criminal / Bail Forfeiture Hearing
Outcome
Forfeiture of $50,000 cash bail deposited by the surety
Legal Topics
Forfeiture of Recognizance, Failure to Surrender, Surety Duties, Hardship in Forfeiture
Source Language
en
Criminal Procedure Bail Surety Obligations Forfeiture of Recognizance Failure to Surrender Surety Duties Hardship in Forfeiture

Source-derived case record

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Parties

HKSAR

Prosecution

Asim Nadeem

Defendant

Mr Khawaja Muhammad Kamran

Surety

Procedural Posture

Criminal / Bail Forfeiture Hearing

Legal Issues

  1. 1 Whether the surety\'s deposited cash should be forfeited for the defendant\'s failure to surrender
  2. 2 Whether the defendant had a reasonable excuse for non-attendance
  3. 3 Whether the surety fulfilled the obligations undertaken

Ratio Decidendi

The defendant had absconded without reasonable excuse and the surety failed to fulfil his obligations; the surety did not discharge the heavy burden to show that a lesser sum should be forfeited; accordingly the full deposited sum of $50,000 is forfeited.

Court Disposition

Forfeiture of $50,000 cash bail deposited by the surety

Orders

  • Order that the sum of $50,000 deposited by Mr Khawaja Muhammad Kamran as surety is forfeited to the Government.
  • Warrant issued for the arrest of Asim Nadeem (D4) (issued earlier in proceedings).