19 Sept 2008
SECRETARY FOR JUSTICE v. WU LIHUI AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. WU LIHUI AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV44/2008
On the entire evidence, including documentary proof of sale and payment, the Court was not satisfied there was reasonable cause to believe the monies were proceeds of an indictable offence or that the respondents had benefited from such an offence; accordingly the restraint order was wrongly maintained and must be discharged and the appeal dismissed. The statutory scheme presupposes reasonable cause to believe the defendant committed the specified offence before finding benefit and exercising restraint under s15 remains discretionary.