The Secretary for Justice v. Wong Yeung Ng

CACV000161B/1998

CACV 161/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 161 OF 1998

(ON APPEAL FROM HCMP 407 OF 1998)

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Coram: Hon. Leong, J.A. in Chambers

Date of hearing: 11 February 1999

Date of delivery of ruling: 11 February 1999

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R U L I N G

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Leong, J.A. (giving the ruling of the Court):

1. This is an application for bail pending appeal to the Court of Final Appeal in respect of the determination on two offences of contempt of court. The applicant in this case has been convicted of those two offences and sentenced to 4 months imprisonment. His appeal to the Court of Appeal has been dismissed.

2. Mr. Cheng Huan, S.C. for the applicant and Mr. Chan for the Secretary for Justice are in agreement that this court has jurisdiction in this matter and contempt of court being quasi criminal in nature, the procedure for application for bail in criminal cases should apply. Mr. Chan, for the Secretary for Justice has no objection to this application. But I would like to point out that in the days when the Privy Council was the highest court of Hong Kong it was rare that application for bail pending appeal to the Privy Council would be granted. But for the Secretary's indication of no objection to this application, this court would need to have further considerations before granting the application. Be that as it may, this court is now persuaded that in view of the short sentence that has been imposed in respect of those two convictions and the time that may be required before the actual appeal can be heard (the application for leave has been fixed on 26.3.1999), if leave to appeal to the Court of Final Appeal is granted, it is fair and just that bail should be granted.

3. The applicant has been granted bail previously in the sum of $500,000 in surety. The only request by the applicant is that this should be varied to one of cash of $500,000. Mr. Chan has no objection to this variation. Accordingly bail is granted in the sum of $500,000 cash until ten days after the determination of the application for leave to appeal to the Court of Final Appeal before the Court of Appeal.

Representation:

Mr. Cheng Huan, S.C. & Mr. Jason Pow instructed by M/S Iu, Lai & Li for Appellant (6th Respondent) (Applicant in application for bail pending application for leave to appeal to Court of Final Appeal)

Mr. Johannes Chan of Department of Justice for Respondent (Applicant)