Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Burden of proof for forfeiture
  • 12 Nov 2018

    HKSAR v. SHOKI FATUMA RAMADHANI

    Citation
    [2018] HKCFA 51
    Court
    Court of Final Appeal
    Case number
    FAMC34/2018

    Leave to appeal was refused because the prosecution established a prima facie case for forfeiture from the applicant's admissions and circumstances, and the applicant failed to rebut that case by adducing evidence (notably by not testifying); her account was implausible and no substantial and grave injustice was shown.

    • Forfeiture under dangerous drugs ordinance s56(1)
    • Burden of proof for forfeiture
    • Opportunity to give evidence
    • Leave to appeal - substantial and grave injustice