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Hong Kong Case Law

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Criminal law [2026] HKCFI 1676

HKSAR v. SOHAIB MOHAMMAD

The Court of First Instance ordered forfeiture of a mobile phone, two SIM cards and HK$3,630 after finding they were connected to drug trafficking.

  • Dangerous drugs ordinance s.56 forfeiture
  • Drug trafficking
  • Burden of proof in civil forfeiture (balance of probabilities)
  • Credibility and interpreter issues
  • Forfeiture
  • Drug-trafficking
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Criminal law [2022] HKCA 936

HKSAR v. RASHIDI MDENGE RUKIA YUSUFU

The Court of Appeal refused leave and upheld forfeiture of US$1,870, holding the applicant failed to justify fresh evidence and the cash could be linked to drug trafficking.

  • Drug trafficking
  • Forfeiture of property
  • Fresh evidence on appeal
  • Sentencing
  • Controlled delivery operations
  • Drug-trafficking
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Criminal law [2021] HKCA 1082

HKSAR v. RASHIDI MDENGE RUKIA YUSUFU

The Court of Appeal refused leave to appeal against a 15-year sentence for cocaine trafficking and upheld forfeiture of US$1,870 as tainted cash.

  • Sentencing guidelines
  • Plea discount
  • Assistance to authorities
  • Controlled delivery
  • Fresh evidence
  • Forfeiture of tainted property
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Criminal law [2021] HKCA 1007

HKSAR v. YU WING HUNG

The Court of Appeal refused leave to appeal against a 7 years 2 months sentence for trafficking in dangerous drugs and upheld forfeiture of phones and SIM cards.

  • Trafficking in dangerous drugs
  • Sentence enhancement
  • Forfeiture of property
  • Guilty plea
  • Recidivism
  • Drug-trafficking
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Criminal law [2021] HKCFI 737

HKSAR v. CHAN SAU MUI

The court ordered forfeiture of HK$74,483.50 seized from the defendant, holding the prosecution had shown a prima facie drug-related connection and the defendant failed to prove innocent origin.

  • Dangerous drugs ordinance s.56
  • Forfeiture of proceeds
  • Burden of proof on balance of probabilities
  • Admissibility of post-arrest statements in ancillary proceedings
  • Dangerous-drugs-ordinance-s56
  • Forfeiture
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Criminal law [2019] HKCA 956

HKSAR v. HERRY JANE YUSUPH

The Court of Appeal granted an extension of time to seek leave to appeal against a drug sentence, finding an arguable error in the sentencing starting point calculation.

  • Trafficking in dangerous drugs
  • Sentence calculation
  • Starting point arithmetic
  • Forfeiture order
  • Extension of time to appeal
  • Appeal leave procedure
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Criminal law [2019] HKCA 148

HKSAR v. CAMARA ABOUBACAR

法院駁回被告就毒品販運案刑期及沒收令的上訴許可申請,維持14年監禁及沒收US$1,500的命令。

  • Trafficking in dangerous drugs
  • Sentencing guidelines
  • Guilty plea discount
  • International element as aggravating factor
  • Forfeiture of proceeds
  • Mitigation
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Customs law [2018] HKDC 1277

COMMISSIONER OF CUSTOMS AND EXCISE v. CAO XINXI AND OTHERS

The District Court ordered forfeiture of 11 items, including three vehicles used in export offences, and awarded costs by vehicle-based apportionment.

  • Forfeiture of property
  • Use of vehicle in export offences
  • Costs and summary assessment
  • Forfeiture
  • Customs-law
  • Import-and-export-ordinance
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Criminal law [2018] HKCA 487

HKSAR v. LAM KWAN TO BORUS

The Court of Appeal refused leave to appeal against forfeiture of HK$14,220 seized from a drug trafficker, holding the money was connected to trafficking.

  • Drug trafficking
  • Forfeiture of property
  • Burden of proof
  • Use of cash as change in offences
  • Sentence review
  • Drug-trafficking
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Customs and excise [2018] HKCFI 1390

HKSAR v. 深圳市泰杰寶珠寶首飾有限公司

Appeal against forfeiture of ten gold slabs dismissed. The court upheld findings that the appellant was the owner, was negligent in using Mr Tse, and that the negligence facilitated the contravention.

  • Forfeiture of goods
  • Negligence
  • Judicial discretion
  • Manifest declaration
  • Ownership of goods
  • Forfeiture-of-goods
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.