16 May 2012
HKSAR v. WONG SUI CHING
- Citation
- HKSAR v. WONG SUI CHING
- Court
- Court of Final Appeal
- Case number
- FACC12/2011
The court held that s.59(2)(a) is unqualified: 'custody or control' need not be lawful under civil law for property to be treated as belonging to another; owners are protected by the statutory requirement to prove absence of lawful excuse, so the High Court's insertion of 'lawful' was erroneous and must be set aside.