Read the full judgment text of CACC 292/2019 on BabelCite. This Court of Appeal judgment was delivered on 20 April 2022 before Zervos JA.
Criminal law – trafficking in dangerous drug – bail pending appeal – time ground – merits ground – COVID-19 pandemic – General Adjournment Period – application for bail pending appeal by applicant convicted of trafficking in a dangerous drug and sentenced to 8 years' imprisonment – whether bail should be granted on the time ground – applicant arrested on 25 February 2018 with earliest release date 23 June 2023 – leave to appeal granted unopposed on basis that trial judge's direction to jury regarding applicant's failure to cross-examine police witness exceeded proper bounds – HKSAR v Chan Hing Kai [2020] 1 HKLRD 1082 – appeal hearing originally fixed for 30 March 2022 but vacated and re-fixed for 25 August 2022 because it fell within General Adjournment Period imposed due to coronavirus public health restrictions – by time of appeal applicant would have served 54 months of 64-month effective sentence after one-third remission – test for bail pending appeal as exceptional remedy after conviction – applicant must show strong likelihood of success (merits ground) or that substantial part of sentence will be served before appeal disposed of (time ground) with appeal being reasonably arguable – HKSAR v Fong King-choi – HKSAR v Chung Ho Yin – HKSAR v Ko Wai Shing – respondent did not oppose bail application on time ground – court satisfied bail should be granted subject to appropriate terms and conditions – application granted.
Legal issues: Grant of bail pending appeal on the time ground
Outcome: Application for bail pending appeal granted on the time ground.
Cited by 34 cases · Cites 4 cases