香港特別行政區 訴 梁國雄

香港特別行政區 訴 梁國雄

The judge correctly treated the forfeiture application as a civil proceeding, found sufficient prima facie evidence linking the cash to the drug offence (packaging, drug quantity/value, appellant's conduct and possessions), and properly rejected inconsistent, unsworn explanations by the appellant; therefore the...

Source-derived case information.

Citation
[2026] HKCA 889
Parties
Applicant: Leung Kwok Hung; Respondent: The Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 April 2026
Case Number
CACC17/2025
Procedural Posture
Criminal Sentencing Appeal (leave Application) / Leave to Appeal Application Refused
Outcome
application for leave to appeal refused
Legal Topics
Dangerous Drugs, Drug Trafficking, Forfeiture of Property, Standard of Proof in Civil Forfeiture, Mitigation and Plea
Source Language
ch
Criminal Law Drugs Law Confiscation/forfeiture Evidence and Procedure Sentencing Dangerous Drugs Drug Trafficking Forfeiture of Property +2 more

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Parties

Leung Kwok Hung

Applicant

The Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Sentencing Appeal (leave Application) / Leave to Appeal Application Refused

  1. 1 Whether cash found on appellant was properly forfeitable under Dangerous Drugs Ordinance s56
  2. 2 Whether the trial judge erred in rejecting appellant's explanation of the cash's source
  3. 3 Whether appellant bore and discharged the evidential burden to rebut a prima facie case for forfeiture

Ratio Decidendi

The judge correctly treated the forfeiture application as a civil proceeding, found sufficient prima facie evidence linking the cash to the drug offence (packaging, drug quantity/value, appellant's conduct and possessions), and properly rejected inconsistent, unsworn explanations by the appellant; therefore the forfeiture order was properly made and the leave application to appeal that order is unarguable.

Court Disposition

application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Appellant reminded of right to renew the leave application