Hong Kong Case Law: Decisions & Judgments

Topic

Forfeiture of assets

Legal area

Court

2 Jul 2019

HKSAR v. CHUKWULETA SUNDAY FREEDALINE AND ANOTHER

Citation

[2019] HKCA 738
Court

Court of Appeal
Case number

CACC62/2017

Leave to appeal was granted to the 1st applicant against conviction and sentence because his grounds were reasonably arguable; leave was granted to the 2nd applicant against conviction (but not against sentence) because some grounds of the 1st applicant might benefit him; the 2nd applicant was not permitted to challenge the forfeiture consent order on the material before the court because he failed to show a reasonably arguable basis to set it aside and the judge doubted that an appeal against sentence is a proper mechanism to attack a forfeiture order.
14 Aug 2017

HKSAR v. ECHENDU CHIJIOKE NICK

Citation

HKSAR v. ECHENDU CHIJIOKE NICK
Court

Court of Appeal
Case number

CACC372/2016

The appeal was refused because the applicant offered no sufficient justification for filing four months late and, on the merits, the trial judge properly found on the evidence that the US$4,067 was possessed to facilitate the applicant's entry and subsistence for drug trafficking and was therefore forfeitable under s56(1)(a); the judge's credibility findings and sentencing arithmetic were within lawful discretion.
29 Nov 2016

HKSAR v. LONDONO MONTEALEGRE MARITZA YANETH

Citation

HKSAR v. LONDONO MONTEALEGRE MARITZA YANETH
Court

Court of Appeal
Case number

CACC80/2016

The judge correctly adopted the guideline starting point for 303g of cocaine, properly rejected unproven duress, was entitled to treat the applicant's Form 8 status as an aggravating factor and to enhance sentence modestly, the guilty plea merited the one‑third discount already applied, belated assistance gave no credit, and the forfeiture order related to the co‑accused and was not before this leave application; accordingly leave to appeal sentence was refused.
9 Dec 1998

HKSAR v. LEUNG KAI MING

Citation

HKSAR v. LEUNG KAI MING
Court

Court of Appeal
Case number

CACC174/1997

The Court held that the judge had the power to order the defendant to contribute to prosecution costs even after a guilty plea and that public policy encouraging pleas did not bar such an order where funds were available; accordingly the trial judge's order that the defendant pay HK$15,000 towards prosecution costs was proper and would not be disturbed.

Hong Kong Case Law

HKSAR v. CHUKWULETA SUNDAY FREEDALINE AND ANOTHER

HKSAR v. ECHENDU CHIJIOKE NICK

HKSAR v. LONDONO MONTEALEGRE MARITZA YANETH

HKSAR v. LEUNG KAI MING