Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Forfeiture of instrumentality
  • 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.