香港特別行政區 訴 林仁廣

香港特別行政區 訴 林仁廣

The applicant's bail application was refused because he failed to establish an arguable prospect of success on appeal under the Kulemesin third‑category test: his explanation was implausible and not credible in light of the uncontested evidential facts (concealed Appendix I specimens, absence of licence, logistical...

Source-derived case information.

Citation
[2025] HKCA 933
Parties
Applicant: LAM Yan kwong (林仁廣); Respondent: The Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 October 2025
Case Number
CACC301/2025
Procedural Posture
Criminal Appeal and Bail Application / Application for Bail Pending Appeal
Outcome
Application for bail pending appeal refused.
Legal Topics
Bail Pending Appeal, Importation of CITES Appendix I Species, Knowledge/intent (mens Rea), Credibility Assessment, Application of Kulemesin Standard
Source Language
ch
Criminal Law Bail Customs and Import Control Wildlife Protection Law Appeals Bail Pending Appeal Importation of CITES Appendix I Species Knowledge/intent (mens Rea) +2 more

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Parties

LAM Yan kwong (林仁廣)

Applicant

The Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal and Bail Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending appeal
  2. 2 Whether the applicant can establish an arguable ground of appeal on the basis that he honestly and reasonably believed he was not importing an Appendix I specimen
  3. 3 Whether the applicant's account is credible and meets the Kulemesin third‑category standard

Ratio Decidendi

The applicant's bail application was refused because he failed to establish an arguable prospect of success on appeal under the Kulemesin third‑category test: his explanation was implausible and not credible in light of the uncontested evidential facts (concealed Appendix I specimens, absence of licence, logistical and commercial implausibilities), and therefore he did not meet the threshold for bail pending appeal.

Court Disposition

Application for bail pending appeal refused.

Orders

  • Applicant remanded in custody pending the appeal