Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mandatory vs discretionary powers
  • 19 Jun 1975

    ATTORNEY GENERAL v. LAM MOK

    Citation
    ATTORNEY GENERAL v. LAM MOK
    Court
    Court of Appeal
    Case number
    CACC301/1975

    When both equipment and commodity have been seized under s.86(1) and the accused is convicted of a designated hawker offence, s.86A(1)'s mandatory direction to the court requires forfeiture of all items seized; the word 'or' in the subsection does not afford the court a discretion to forfeit only one category where both were seized, and the magistrate's contrary approach was erroneous.