HKSAR v. CHAN CHI WAI, JIMMY

HKSAR v. CHAN CHI WAI, JIMMY

On the balance of probabilities, considering the circumstantial evidence as a whole, the $90,380 was proved to be proceeds of or working capital in the drug trade within s.56(1); because s.56(1) permits forfeiture without conviction or precise identification of the alternative, the court properly exercised its discretion to order forfeiture to the Government.

Citation
HKSAR v. CHAN CHI WAI, JIMMY
Parties
Prosecution: Department of Justice (Prosecution); Accused: Accused
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 August 2011
Case Number
HCCC300/2010
Procedural Posture
Forfeiture Application Under Dangerous Drugs Ordinance S.56(1) / Hearing and Judgment (court of First Instance)
Outcome
Forfeiture ordered
Legal Topics
Forfeiture Under S.56(1), Onus of Proof, Standard of Proof, Circumstantial Evidence, Drug Trafficking
Source Language
EN
Criminal Law Forfeiture Drugs Law Evidence Forfeiture Under S.56(1) Onus of Proof Standard of Proof Circumstantial Evidence +1 more

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Parties

Department of Justice (Prosecution)

Prosecution

Accused

Accused

Procedural Posture

Forfeiture Application Under Dangerous Drugs Ordinance S.56(1) / Hearing and Judgment (court of First Instance)

Legal Issues

  1. 1 What is the onus and standard of proof in a s.56(1) forfeiture application?
  2. 2 Whether s.56(1) requires a conviction or a specific connection between the property and an offence
  3. 3 Whether the $90,380 cash constituted proceeds or working capital of drug trafficking

Ratio Decidendi

On the balance of probabilities, considering the circumstantial evidence as a whole, the $90,380 was proved to be proceeds of or working capital in the drug trade within s.56(1); because s.56(1) permits forfeiture without conviction or precise identification of the alternative, the court properly exercised its discretion to order forfeiture to the Government.

Court Disposition

Forfeiture ordered

Orders

  • $90,380 forfeited to the Government