9 Aug 2019
HKSAR v. NGAI TAI MING
- Citation
- [2019] HKDC 1059
- Court
- District Court
- Case number
- DCCC807/2018
The court accepted police evidence that the cocaine was concealed in a compartment of ME 5557 and that all substantial cash was found in the defendant's bag; that combination constitutes prima facie evidence under s56 that the vehicle and the cash were used in or are proceeds of drug trafficking; the defendant failed to discharge the balance‑of‑probabilities burden to show an innocent explanation for the bulk of the cash; OCBC is an innocent hire‑purchase owner but the court exercised its discretion to avoid returning proceeds to the defendant by ordering a conditional return to the bank subj…