27 Jul 1990
THE ATTORNEY GENERAL v. LEE KUNG LEUNG
- Citation
- THE ATTORNEY GENERAL v. LEE KUNG LEUNG
- Court
- Court of First Instance
- Case number
- HCMA364/1990
The magistrate failed to exercise the requisite unfettered judicial discretion because he gave undue weight to asserted hardship and to the absence of Hong Kong fiscal loss; deliberate smuggling harms external relations and the purpose of the legislation is trade regulation and prevention of smuggling, therefore forfeiture under s.28 should have been ordered despite financial hardship of the respondent which arose from his own criminal conduct.