Publication
“No consent” letters regime reaffirmed: Appeal of Tam Sze Leung case
In 2022, we issued a legal update on the case of Tam Sze Leung & Anor v Commissioner of Police [2021] HKCFI 3118 (the CFI Decision), where the Court of First instance (CFI) held that the longstanding practice of the use of “Letters of No Consent” (LNCs) by the Police to informally “freeze” suspicious bank accounts (the No Consent Regime) is unlawful (see here ). As we predicted, the CFI Decision has been challenged by the Commissioner of the Police (the Commissioner) and has now been overturned by the Court of Appeal in [2023] HKCA 537.