5 Oct 1989
ATTORNEY GENERAL v. KING FAT TRADING CO.
- Citation
- ATTORNEY GENERAL v. KING FAT TRADING CO.
- Court
- Court of First Instance
- Case number
- HCMA1000/1989
The magistrate was wrong in law to decline forfeiture; the correct legal test is to order forfeiture unless the claimant establishes a good reason to the contrary; however, despite the legal error the appellate court may exercise its discretion to return goods where there are compelling reasons such as prolonged litigation, financial hardship, obsolescence of goods and absence of Crown interest, and accordingly the court ordered return of the goods in this case.