30 Dec 2021
TAM SZE LEUNG AND OTHERS v. COMMISSIONER OF POLICE
- Citation
- [2021] HKCFI 3118
- Court
- Court of First Instance
- Case number
- HCAL191/2021
The Court held that as operated the No Consent Regime (use of LNCs to effect informal asset freezes) exceeded the statutory scope of sections 25 and 25A OSCO (ultra vires), was not "prescribed by law" due to lack of adequate legal certainty and safeguards, and constituted a disproportionate interference with the right to use property; consequently those systemic aspects of the regime are unlawful, while individual procedural fairness and fair hearing grounds and the fact‑specific challenge failed on the evidence.