29 Mar 2023
THE SECRETARY FOR JUSTICE v. TAM KIT-I
- Citation
- [2023] HKCFA 7
- Court
- Court of Final Appeal
- Case number
- FACV2/2023
The Court held that a judge's refusal to make a confiscation order on a basis that does not eliminate the prospect of a confiscation order (eg finding s8(1)(a)(ii)(B) not applicable) does not, as a matter of law, conclude the confiscation application under s2(16A)(a) and therefore does not trigger automatic discharge of a restraint order under s15(5)(b); further, appeals against refusals to discharge restraint orders under OSCO are civil in nature and lie to the Court of Appeal under HCO s13(2)(a).