29 Mar 2023
SECRETARY FOR JUSTICE v. TAM KIT-I
- Citation
- [2023] HKCFA 7
- Court
- Court of Final Appeal
- Case number
- FACC1/2023
On proper contextual and purposive construction of OSCO s2(16A) and s15(5)(b), an application for a confiscation order is only 'concluded' for the purposes of automatically discharging a restraint order when the court has completed the statutory process of inquiry and determination and the purpose of the RO is exhausted; a judge's refusal to make a CO on a ground that does not eliminate the prospect of a CO (here, a finding that the defendant had not 'absconded') does not conclude the application and does not discharge the RO. Furthermore, appeals against refusal to discharge an RO are civil…