9 Dec 2004
HKSAR v. POON TO-KUN
- Citation
- HKSAR v. POON TO-KUN
- Court
- Court of First Instance
- Case number
- HCCC128/2004
The court exercised its discretion against forfeiture because the totality of the facts pointed away from a connection between the cash seized and the drug offence: the accused was a courier returning from the Mainland with drugs to be deposited in a vehicle, the cash seized was small relative to the drugs' value, the accused stated the cash was a loan for medical treatment and had not been contradicted, and there was no evidence the cash was used in or derived from trafficking; accordingly forfeiture under s56 or s102 was refused.