10 Apr 2024
TAM SZE LEUNG AND OTHERS v. COMMISSIONER OF POLICE
- Citation
- [2024] HKCFA 8
- Court
- Court of Final Appeal
- Case number
- FACV7/2023
The Court held the police practice of communicating suspicions to banks and issuing Letters of No Consent is intra vires as lawful investigative measures under the Police Force Ordinance and common law; banks, acting under statutory and regulatory duties (OSCO/AMLO/HKMA), effect any disablement of accounts and are not agents compellingly controlled by the police; the asserted constitutional rights (property, privacy, access to courts/justice) were not engaged on the facts because the police did not legally freeze property and, if rights had been engaged, the measures were prescribed by law an…