Read the full judgment text of FAMC 000055/2008 on BabelCite. This FAMC judgment was delivered on 13 January 2009.
1. The magistrate began by observing that the claimant objected to forfeiture on the footing that “he is the innocent owner of the goods or at most only negligent, and that forfeiture would cause him undue hardship”. She then said that “the standard of proof is on a balance of probabilities”. It is one thing to say that about any fact that each side may assert on the questions of negligence and hardship such as may arise when, as in R v. CEC Finance Ltd [1993] 2 HKCLR 134, forfeiture of a vehi