HKSAR v. Balwinder Singh

HCMA 282/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 282 OF 2012

(ON APPEAL FROM TWCC 583 OF 2012)

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Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing: 18 September 2012

Date of Judgment: 18 September 2012

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J U D G M E N T

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1.The Appellant pleaded guilty in the Magistrates’ Court to importing unmanifested cargo, namely US$82,000 in cash. The Commissioner of Customs and Excise applied for the forfeiture of the cash and the Magistrate ordered such forfeiture. The Appellant appeals against the forfeiture.

2.In ordering forfeiture, the Magistrate drew the inference that the Appellant was complicit in the decision not to manifest the US$82,000.  It has been argued on the Appellant’s behalf that the Magistrate erred in drawing that inference.

3.In my judgment, the Magistrate was entitled to draw that inference and made no error in drawing it.

4.The Magistrate considered it to be a correct exercise of discretion to order forfeiture.  It has been argued on the Appellant’s behalf that this was an erroneous exercise of discretion.  I am not persuaded of that.

5.In my judgment, the Magistrate had a discretion to order forfeiture and did not err in exercising it to order forfeiture.

6.In the result, the appeal is dismissed.

Ms Mahinder M Panesar, instructed by Francis Kong & Co, for the appellant

Ms Christal Chan, of the Department of Justice, for the respondent