29 Mar 2023
THE SECRETARY FOR JUSTICE v. TAM KIT-I
- Citation
- [2023] HKCFA 7
- Court
- Court of Final Appeal
- Case number
- FACC4/2022
On a proper contextual and purposive construction of OSCO, the judge's decision not to make a confiscation order on the basis that the respondent had not absconded did not conclude the Secretary for Justice's application for a confiscation order within the meaning of section 2(16A)(a) and therefore did not discharge the restraint order by operation of section 15(5)(b); the RO remains in force while its purpose of securing assets for a prospective confiscation order subsists.