14 Apr 2023
TAM SZE LEUNG AND OTHERS v. COMMISSIONER OF POLICE
- Citation
- [2023] HKCA 537
- Court
- Court of Appeal
- Case number
- CACV152/2022
The Court of Appeal held that the issuance and maintenance of LNCs by the Commissioner, properly analysed, are exercises of the section 25A discretion to withhold consent and are not an unlawful secret freezing power; the effective freezing results from banks' concern about criminal liability under ss 25 and 25A, not from an unfettered police power. The statutory scheme and published JFIU procedures provide sufficient legal certainty and safeguards to satisfy the 'prescribed by law' requirement, Interush binds against systemic proportionality challenge, and the Judge below was wrong to declar…