HKSAR v. “Z”

HCMA291/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 291 OF 2010

(ON APPEAL FROM KCCC 6361/2009)

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BETWEEN

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Before: Hon Line J in Court

Date of Hearing: 5 September 2011

Date of Decision: 5 September 2011

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D E C I S I O N

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1.There is an application for a certificate to apply for leave to appeal to the Court of Final Appeal.  It takes the Browne v Dunn point that I have just dealt with in the reasons I have given and it takes the point concerning the use of the videotape as evidence-in-chief and the video link for cross-examination.  In my judgment, the case does not give rise to a question that I should certify.

2.I am also asked for bail at the same time.  I regret to say that my view of the legislation is that I do not have the jurisdiction to grant bail.  If it were the case that I did have the power, I would have exercised it in favour, because the sentence would be served before any relief could be sought, but my view is I do not have the power.

Ms Rosa Lo, Public Prosecutor of the Department of Justice, for the Respondent

Mr Timothy Edward David Parker, instructed by Vidler & Co, assigned by the Director of Legal Aid, for the Appellant

Please refer to FACMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.

Please refer to FACMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.

Please refer to FACMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.

Please refer to FACMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.

Please refer to FAMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.

Please refer to FAMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.

Please refer to FAMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.

Please refer to FAMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.