21 Aug 2009
The magistrate erred because there was no admissible evidence linking the appellant's goods to smuggling; accordingly the goods were not liable to forfeiture and must be returned to the appellant unconditionally.
19 Sept 2007
The Court held that the Chief Executive was not obliged to give reasons in the circumstances, the Administration's memorandum fairly represented the case and did not vitiate the decision, and the applicant failed to show that mandatory forfeiture was disproportionate given public policy considerations and the applicant's failure to demonstrate effective compliance systems; appeal dismissed.
11 May 2007
CP Ships had locus to petition because it was in possession of the goods as bailee through its agent and sub-bailee arrangements; however there was no duty in the circumstances for the Chief Executive to give reasons, the Memo fairly summarized the competing contentions and legitimately advised rejection, and the Chief Executive's refusal to order return of the seized strategic commodities was not disproportionate — judicial review dismissed.
27 Apr 2005
The 1st Respondent, being in possession when the machines were seized, had statutory standing to contest forfeiture; forfeiture liability under Cap.528 is independent of criminal conviction; the 1st Respondent's objection failed and, applying the principle that costs follow the event, the costs order nisi of 31/1/2005 as to the 1st Respondent is made absolute and its application to vary is dismissed with costs to the Applicant.
1 Jul 1987
The appeal is allowed and the order of 13 May 1987 is set aside because the order was insufficiently precise, failed to comply with Order 53 (no prior leave obtained) and the Magistrate had not been given proper notice; an appeal cannot be allowed by consent.
12 Apr 1983
Because Section 86A(1) is punitive and mandatory, the court may only order forfeiture if the informant has informed the court of the seizure under Section 86(1); the informant failed to do so here, therefore the forfeiture order was invalid and must be set aside.