RE SOUTH KOWLOON MAGISTRACY COURT Criminal Case No K-4535 of 1991

RE SOUTH KOWLOON MAGISTRACY COURT Criminal Case No K-4535 of 1991

Although Article 5(3) creates a presumption in favour of bail when trial within a reasonable time cannot be secured, the court must balance that presumption against cogent evidence on (1) the nature of the offence, (2) danger to the public, and (3) prejudice to the trial process; on the evidence in this case those...

Source-derived case information.

Citation
RE SOUTH KOWLOON MAGISTRACY COURT Criminal Case No K-4535 of 1991
Parties
Applicant/defendant: Unnamed defendant; Respondent/prosecution: The Crown
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 1991
Case Number
HCMP1703/1991
Procedural Posture
Bail Application Pending Trial (miscellaneous Proceedings) / Pre Trial – Application for Interim Release Pending High Court Trial
Outcome
Bail refused
Legal Topics
Bail, Pre Trial Detention, Right to Trial Within Reasonable Time, Presumption of Innocence, Article 5(3) Bill of Rights
Source Language
en
Criminal Law Human Rights Law Constitutional Law Bail Pre Trial Detention Right to Trial Within Reasonable Time Presumption of Innocence Article 5(3) Bill of Rights

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Parties

Unnamed defendant

Applicant/defendant

The Crown

Respondent/prosecution

Procedural Posture

Bail Application Pending Trial (miscellaneous Proceedings) / Pre Trial – Application for Interim Release Pending High Court Trial

Legal Issues

  1. 1 Whether delay to trial breaches Article 5(3) Bill of Rights and entitles applicant to release
  2. 2 Whether public danger, risk of flight or interference with witnesses justify refusal of bail despite presumption in favour
  3. 3 Whether institutional shortage of judges can justify continued delay

Ratio Decidendi

Although Article 5(3) creates a presumption in favour of bail when trial within a reasonable time cannot be secured, the court must balance that presumption against cogent evidence on (1) the nature of the offence, (2) danger to the public, and (3) prejudice to the trial process; on the evidence in this case those factors justified refusal of bail and the applicant must remain in custody.

Court Disposition

Bail refused

Orders

  • Application for bail refused
  • Applicant to remain in custody pending trial