20 Apr 1993
THE QUEEN v. CEC FINANCE LTD
- Citation
- THE QUEEN v. CEC FINANCE LTD
- Court
- Court of First Instance
- Case number
- HCMA451/1992
The Court overruled A.G. v. Chin Chack-wing and held that where s.28(7) confers an unfettered discretion to order forfeiture the magistrate must approach the question from a neutral starting point, require each party to prove asserted facts on the balance of probabilities if not admitted, and decide whether to forfeit by reference to what is just in all the circumstances proved or admitted; the magistrate's forfeiture order was set aside and the matter remitted for reconsideration in accordance with this approach.