Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discretion to forfeit

Legal area

Court

19 Jun 2014

HKSAR v. KWAMBAZA ELIZABETH YORAM

Citation

HKSAR v. KWAMBAZA ELIZABETH YORAM
Court

Court of First Instance
Case number

HCCC455/2013

On the balance of probabilities the prosecution established that the US$2,587 was most probably used in connection with the accused's trafficking offence (facilitating immigration/cover) and thus fell within s.56(1); exercising the court's discretion, forfeiture of the cash to the Government was ordered.
20 Apr 1993

THE QUEEN v. CEC FINANCE LTD

Citation

THE QUEEN v. CEC FINANCE LTD
Court

Court of First Instance
Case number

HCMA451/1992

The Court overruled A.G. v. Chin Chack-wing and held that where s.28(7) confers an unfettered discretion to order forfeiture the magistrate must approach the question from a neutral starting point, require each party to prove asserted facts on the balance of probabilities if not admitted, and decide whether to forfeit by reference to what is just in all the circumstances proved or admitted; the magistrate's forfeiture order was set aside and the matter remitted for reconsideration in accordance with this approach.