3 Jul 1998
HKSAR v. LUNG WAI HUNG
- Citation
- HKSAR v. LUNG WAI HUNG
- Court
- Court of Appeal
- Case number
- CACC264/1998
The Organized and Serious Crimes Ordinance (Cap.455) requires the court to make a confiscation order under s.8 once the statutory criteria are met; the court has no inherent discretion to refuse or to substitute a nominal amount/default imprisonment to preserve third‑party civil claims. Because the Secretary for Justice elected to treat the confiscation application as withdrawn, the Court allowed the appeal and quashed the confiscation order and default imprisonment imposed in the District Court.