User:Belfastlawyer/sandbox/List of Court of Final Appeal (Hong Kong) cases
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2024 judgments
edit| Case name | Citation | Date | Legal subject | Summary of decision |
|---|---|---|---|---|
| Tam Sze Leung v Commissioner of Police | [2024] HKCFA 8 | 10 April 2024 | Organized and Serious Crimes Ordinance (Cap. 455), Basic Law, judicial review | The police's power to issue Letters of No Consent (LNCs) to financial institutions, which informally and temporarily 'freeze' accounts suspected of harboring crime proceeds, is not ultra vires under Cap. 455, Sections 25 and 25A. Furthermore, the constitutional right to property is not engaged. This is because the ultimate decision to freeze the accounts rests with the banks, and the LNC regime functions by conferring immunity against liability. Alternatively, the regime is 'prescribed by law' and is proportionate. The confidentiality of the police investigations leading to the issuance of LNCs does not violate the right to a fair hearing.[1] |
References
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