12 Aug 1997
HKSAR v. LAM SHING FAI and Others
- Citation
- HKSAR v. LAM SHING FAI and Others
- Court
- Court of First Instance
- Case number
- HCMA128/1997
The court held that s.48 of Cap.109 is penal and must be strictly construed; the phrases "used" and "made use of" in s.15(1) and s.48(2) require direct use in the commission of the offence and do not extend to items merely facilitating patronage; karaoke equipment were not directly used to commit sale/possession offences and therefore were not liable to forfeiture under s.48; accordingly the magistrate had jurisdiction under s.102 Cap.221 to order return of the items to lawful owners and to impose ancillary conditions; s.102(6) did not preclude the order because Cap.109 did not apply.