R (The Special Prosecutor) v McAllister Hanchell (RO 2 of 2020) [2020] TCASC 9 (17 July 2020)

Case summary

Summons to set aside dismissed.  This is not a proper case for setting aside the process under Order 2, r2 RSC. Order made to convert these proceedings to proceedings begum by originating motion and all processes deemed to be properly filed. Paras 34-38.  The Proceeds of Crime Ordinance (POCO) 1998 does not set out the process by which an application under the Ordinance should be made. The provisions of the RSC would be the default position where no procedure is specified. An originating motion, as described in Order 8, r 3 of the RSC 2000 would be the most appropriate process to be used for an application under this Ordinance. Paras 24 – 30. 

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