香港特別行政區 訴 鄭祖輝

香港特別行政區 訴 鄭祖輝

The court deferred the application for leave to appeal against sentence until after the determinations of the two related appeals (CACC 145/2019 and CACC 217/2019) and permitted the applicant to be released on bail pending appeal on the conditions agreed in court.

Source-derived case information.

Citation
[2021] HKCA 64
Parties
Applicant: CHENG Cho fai (鄭祖輝); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 January 2021
Case Number
CACC357/2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Bail Pending Appeal; Hearing Adjourned
Outcome
Hearing of the leave to appeal application deferred pending the determinations of CACC 145/2019 and CACC 217/2019; bail pending appeal granted on stated conditions.
Legal Topics
Cannabis Cultivation, Trafficking, Sentence Appeal, Leave to Appeal, Bail Pending Appeal, Case Consolidation
Source Language
ch
Criminal Law Drugs Law Appellate Procedure Bail Cannabis Cultivation Trafficking Sentence Appeal Leave to Appeal +2 more

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Parties

CHENG Cho fai (鄭祖輝)

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Bail Pending Appeal; Hearing Adjourned

Legal Issues

  1. 1 Whether leave to appeal against sentence should be heard before or after determination of related consolidated appeals
  2. 2 Whether bail pending appeal should be granted and on what conditions
  3. 3 Case management: whether to adjourn hearing pending outcomes of similar appeals

Ratio Decidendi

The court deferred the application for leave to appeal against sentence until after the determinations of the two related appeals (CACC 145/2019 and CACC 217/2019) and permitted the applicant to be released on bail pending appeal on the conditions agreed in court.

Court Disposition

Hearing of the leave to appeal application deferred pending the determinations of CACC 145/2019 and CACC 217/2019; bail pending appeal granted on stated conditions.

Orders

  • Proceedings adjourned and hearing of the leave to appeal application deferred until after determinations of CACC 145/2019 and CACC 217/2019
  • Applicant released on bail pending appeal subject to conditions specified in court