HKSAR v. LAI WING HUNG AND OTHERS

HKSAR v. LAI WING HUNG AND OTHERS

The court upheld the magistrate's finding that the goods were objectively deceptively described and that returning them posed a real risk of their entering a market; accordingly the application to set aside the forfeiture was refused.

Citation
HKSAR v. LAI WING HUNG AND OTHERS
Parties
Respondent: HKSAR; 1st Appellant / Applicant: Lai Wing Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 August 2006
Case Number
HCMA1111/2005
Procedural Posture
Magistracy Appeal (trade Descriptions Offence) / Application for Return of Forfeited Goods After Appeal
Outcome
Application refused
Legal Topics
Forfeiture, Return of Goods, Trade Descriptions Ordinance S.7(1)(a)(ii), Appeal Procedure
Source Language
EN
Criminal Law Trade Descriptions Law Customs and Excise Forfeiture and Restitution Forfeiture Return of Goods Trade Descriptions Ordinance S.7(1)(a)(ii) Appeal Procedure

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Parties

HKSAR

Respondent

Lai Wing Hung

1st Appellant / Applicant

Procedural Posture

Magistracy Appeal (trade Descriptions Offence) / Application for Return of Forfeited Goods After Appeal

Legal Issues

  1. 1 Whether forfeited goods should be returned following quashing of convictions on appeal
  2. 2 Whether the seized goods were deceptively described contrary to the Trade Descriptions Ordinance
  3. 3 Whether there is a real risk the goods would re-enter any market if returned

Ratio Decidendi

The court upheld the magistrate's finding that the goods were objectively deceptively described and that returning them posed a real risk of their entering a market; accordingly the application to set aside the forfeiture was refused.

Court Disposition

Application refused

Orders

  • Application to set aside the magistrate's order of forfeiture refused; seized goods to remain forfeited.