HKSAR v. Posso Vergara Cristhian Enrique

CACC 538/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 538 OF 2011

(On Appeal From High Court Criminal Case No. 252 of 2011)

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BETWEEN

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Before: Hon Cheung JA in Chambers

Date of Hearing : 11 January 2013

Date of Decision : 11 January 2013

Date of Reasons for Decision : 15 January 2013

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REASONS FOR DECISION

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1.This is the third renewed application for bail pending appeal by the applicant. Hartmann JA had previously refused two applications made by him on 30 April 2012 and 1 June 2012.

2.A renewed application will only be considered if there has been change of circumstances since the last application.  The procedure is not intended to be an opportunity to put forward submissions which would have been, but were not, put forward at the earlier hearing, or to put forward the same submissions more persuasively : see R v. Tam Chung Shing & Another [1988] 2 HKLRD 214 at 215.

3.The applicant has since the 1 June 2012 hearing filed six further affirmations in which he set out his grounds of appeal.  Mr. Man, counsel for the respondent, summarised them in his written submission which I do not intend to repeat here.

4.The applicant has not shown that there has been any change of circumstances since the last hearing.  The inclusion of transcript to the appeal bundle after the last hearing does not change the position.  The applicant is merely advancing grounds of appeal, many of which had been previously considered by Hartmann JA with elaboration.  In any event, the applicant has not shown that the grounds he now advanced are so strong that justice requires bail to be granted to him pending the appeal.  Accordingly the application was refused.

Mr Jonathan Man, ADPP of the Department of Justice, for the respondent

The applicant appeared in person