Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fair hearing and judicial reasoning
  • 12 Oct 2018

    香港特別行政區 訴 安傑威

    Citation
    [2018] HKCA 651
    Court
    Court of Appeal
    Case number
    CACC374/2017

    Despite procedural deficiencies in how the trial judge handled the forfeiture hearing and the failure to spell out reasons, the court found the agreed facts (suspicious conduct at night, possession of substantial quantity of drugs, multiple mobile phones and HK$44,352.90) furnished a prima facie link under s56 DDO; the prosecution met its civil burden and the appellant neither effectively opposed the forfeiture nor adduced evidence to rebut the prima facie case, so the forfeiture order for HK$44,352.90 was properly made and is upheld.