23 Nov 2023
HKSAR v. CHAN CHUN HEI
- Citation
- [2023] HKCA 926
- Court
- Court of Appeal
- Case number
- CACC52/2022
The forfeiture order was quashed because the judge proceeded under the wrong statutory power (s102 general disposal) instead of s56 of the Dangerous Drugs Ordinance, and denied the defence procedural fairness by refusing submissions or opportunity to adduce evidence; absent a fair hearing and proper statutory basis the forfeiture could not stand and the cash (Exhibits 3–12) must be returned.