Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretionary forfeiture

  • 9 Dec 2004

    HKSAR v. POON TO-KUN

    Citation
    HKSAR v. POON TO-KUN
    Court
    Court of First Instance
    Case number
    HCCC128/2004

    The court exercised its discretion against forfeiture because the totality of the facts pointed away from a connection between the cash seized and the drug offence: the accused was a courier returning from the Mainland with drugs to be deposited in a vehicle, the cash seized was small relative to the drugs' value, the accused stated the cash was a loan for medical treatment and had not been contradicted, and there was no evidence the cash was used in or derived from trafficking; accordingly forfeiture under s56 or s102 was refused.

  • 26 Nov 1993

    R. v. YEUNG TAK SING AND ANOTHER

    Citation
    R. v. YEUNG TAK SING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCCC147/1993

    Applying s.56's discretionary power judicially and weighing the statute's policy against the concrete facts, the Court found that Wayfoong Credit Ltd. was blameless, the vehicle's connection to the offence was minimal (mere site of arrest), the company would suffer disproportionate commercial prejudice and there was no basis to infer complicity; accordingly, in all the circumstances it would be unjust to order forfeiture and the vehicle must be released to the legal owner.

  • 10 Sept 1985

    THE QUEEN v. NGAI WAI

    Citation
    THE QUEEN v. NGAI WAI
    Court
    Court of First Instance
    Case number
    HCMA750/1985

    Forfeiture was set aside because, on these facts of an essentially technical offence with no evidence of smuggling or international harm and with readily available export licences, ordering forfeiture would be grossly disproportionate; instead a conditional return on payment of 25% of value secures the legislative object and effective deterrence.