28 June 2019 Forfeiture Law and Procedure

Time: 9:30 a.m.-4:30 p.m.; 4:30 p.m.-5:00 p.m. (Q&A)

Synopsis:

Endangered species, illegal wildlife trade and counterfeit consumer goods in the markets are examples which can trigger forfeiture proceeding by the Authority. Applicant has to prove the articles in question are liable to forfeiture because it is connected to a criminal offence.  It can involve ex parte application and hearing. Sometimes, forfeiture hearing can be complicated in which the claimant is entitled to make a claim with evidence.  Claimant “has the evidential burden to try and satisfy the Court that he is an innocent party and is not a party to the wrong-doing which led to the contravention.”  Both parties are “with the onus of proving on balance of probability”. The Speaker, Ms. Cherry Hui, who is a practicing Barrister-at-Law and Former Deputy Magistrate, will deliver the presentation.

•Part 1- Law and Theory of Forfeiture Hearings; and

•Part 2- Procedure of Forfeiture, experiences sharing and Q&A

Cherry will also share the decided case HCMA 54/2014 (Dah Sing Bank) with the audience in which the High Court cited her judgement delivered at the Magistrate Court when she was the Former Deputy Magistrate.

Speaker

Ms. Cherry Hui

LLB (UK), PCLL

Professional Experience

Cherry has been practicing in the legal professional for nearly 20 years. She has taught Company Law, Commercial Law, Land Law, Legal Issues in Nursing, Criminal Law and Trial Advocacy at different universities and institutions. She is a highly sought after speaker on different legal issues at events and as a speaker in criminal procedure. Cherry was appointed as a Deputy Special Magistrate in 2008 and became a Deputy Magistrate in 2011.  Cherry successfully handled thousands of court cases as a Deputy Judicial Officer until she finished that appointment in November 2014 and resumed her practice.

For more details, please send an email to event@lns.com.hk