[2023] HKCFA 24, SECRETARY FOR JUSTICE V. TAM KIT-I (and 3 others) - Judgment, Outcome & Holding

Judges (5)

Cheung Coram Fok Coram French Coram Lam Coram Ribeiro Coram

Counsel (5)

Department of Justice Firm H M Tsang & Co Firm Benson Tsoi Counsel Appellant Nigel Kat Counsel Appellant William Tam Counsel Appellant

Parties (2)

Secretary for Justice Appellant Tam Kit-I Respondent

Summary

The Secretary for Justice appealed regarding the proper construction of the Organized and Serious Crimes Ordinance, specifically whether restraint orders can be maintained after acquittal or discontinuance of confiscation proceedings. The Court of Final Appeal also considered whether appeals against restraint order decisions are criminal or civil in nature. The appeal was allowed, with the Court clarifying the statutory framework.

Cases Cited (1)

HK (1)

(2022) 25 HKCFAR 181

Cited By (1)

[2025] HKCFA 14

PEKING UNIVERSITY FOUNDER GROUP COMPANY LIMITED (北大方正集團有限公司) V. NUOXI CAPITAL LIMITED (諾熙資本有限公司) (IN LIQUIDATION IN THE BRITISH VIRGIN ISLANDS) (and 2 others)

Citation influence

HKLII records this judgment as cited by 1 later judgment. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKCFA 14 Court of Final Appeal

23 June 2025