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Hong Kong decisions
Decisions matching the current search
The Court of Appeal allowed the appeal against a cash forfeiture order, finding the judge used the wrong statutory basis and denied procedural fairness.
Leave to appeal against sentence was refused, but leave was granted on the forfeiture ground because the judge gave no reasons and heard no submissions.
Court refused leave for judicial review, holding the seized goods were automatically forfeited under s 27(6) of the Import and Export Ordinance when notice of claim was one day late.
The Court of Appeal dismissed a drug-trafficking conviction appeal, upheld the sentence and forfeiture order, and reaffirmed that sentencing guidelines remain discretionary.
Appeal against a forfeiture order under the Import and Export Ordinance was dismissed. The court upheld forfeiture of gold slabs and a vehicle after finding no error in the magistrate’s factual findings.
The High Court dismissed the sentence appeal: the trial judge did not err in principle or impose a manifestly excessive sentence; the fine of HK$3,700 fell within established local sentencing practice and deterrence requirements; and the forfeiture of all six tins was lawful under statutory forfeiture powers and binding authorities, so the sentence and confiscation were confirmed.
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Court of Appeal refused leave to appeal against sentence arising from a black-money fraud, holding the terms were not excessive and forfeiture of a mobile phone was justified.
Appellant, as legal owner of the tractor unit, failed to show on the balance of probabilities that it neither participated in nor negligently facilitated the smuggling; reliance solely on hire‑purchase contractual terms without reasonable preventive measures (such as an inspection regime) amounted to negligence that justified refusal of discretionary relief under s28(7); the appellate court found no error in the magistrate's factual conclusions and upheld the forfeiture order.
Source excerpt
The Court of Appeal refused leave to appeal against an 11 years 6 months sentence for cocaine trafficking and upheld forfeiture of US$4,000 seized on arrest.
The Court of Appeal refused leave to appeal out of time, dismissed the sentence challenge, and upheld forfeiture of US$2,702 tied to drug trafficking.
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