Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Restitution orders
  • 19 Apr 1996

    R. v. TSUI FUNG

    Citation
    R. v. TSUI FUNG
    Court
    Court of Appeal
    Case number
    CACC409/1994

    The court held the trial judge erred in ordering repayment of the full proceeds because she had no basis to order more than money shown to be in the applicant's possession (only $1,400,000 was demonstrated), and she had no authority to impose a further sentence of imprisonment in default of restitution; accordingly the restitution order and the default imprisonment were rescinded while the substantive concurrent custodial sentences (three years ten months) and the criminal bankruptcy order were upheld because the bankruptcy order was not appealable under s.84B.