香港特別行政區 訴 賴姵岐及另二人

香港特別行政區 訴 賴姵岐及另二人

The Court granted bail pending appeal subject to six modest conditions because although the risk of non‑return was low it was not nil; the prosecution's conditions were sufficiently narrow and proportionate to provide assurance of attendance without imposing undue burden, and therefore were appropriate to secure bail.

Source-derived case information.

Citation
[2021] HKCA 2000
Parties
Applicant: 香港特別行政區; Second Respondent: LAI Pui ki (賴姵岐) (D2); Fourth Respondent: GUNG Tsz shun Jason (龔梓舜) (D4); Fifth Respondent: CHEN Hung sau (陳虹秀) (D5)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 December 2021
Case Number
CACC278/2021
Procedural Posture
Criminal Appeal / Bail Application Pending Appeal
Outcome
Bail granted pending appeal subject to specified conditions
Legal Topics
Bail Conditions, Risk of Absconding, Proportionality of Restrictions
Source Language
ch
Criminal Procedure Bail Appeal Bail Conditions Risk of Absconding Proportionality of Restrictions

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Parties

香港特別行政區

Applicant

LAI Pui ki (賴姵岐) (D2)

Second Respondent

GUNG Tsz shun Jason (龔梓舜) (D4)

Fourth Respondent

CHEN Hung sau (陳虹秀) (D5)

Fifth Respondent

Procedural Posture

Criminal Appeal / Bail Application Pending Appeal

  1. 1 Whether to grant bail pending appeal
  2. 2 What bail conditions are appropriate and proportionate
  3. 3 Whether reporting conditions unreasonably interfere with liberty or employment

Ratio Decidendi

The Court granted bail pending appeal subject to six modest conditions because although the risk of non‑return was low it was not nil; the prosecution's conditions were sufficiently narrow and proportionate to provide assurance of attendance without imposing undue burden, and therefore were appropriate to secure bail.

Court Disposition

Bail granted pending appeal subject to specified conditions

Orders

  • Grant bail to the three respondents pending appeal subject to the following six conditions: HK$5,000 cash bail; not to leave Hong Kong; surrender all travel documents; reside at the stated residential address; notify the police 24 hours in advance of any change of residential address; report to a police station once...
  • Respondents to be released on bail upon satisfaction of the conditions.