香港特別行政區 訴 廖子文

香港特別行政區 訴 廖子文

Bail pending appeal was refused because the applicant posed a real risk of absconding given his prior organised attempt to flee Hong Kong and because his contention about sentence calculation was based on a misunderstanding; no convincing reason existed to release him pending appeal, and the appropriate remedy is to...

Source-derived case information.

Citation
[2022] HKCA 1397
Parties
Applicant: LIU TSZ MAN (廖子文); Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 September 2022
Case Number
CACC115/2022
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Outcome
Bail refused
Legal Topics
Bail Pending Appeal, Concurrent and Consecutive Sentencing, Functus Officio, Sentence Calculation, Appeal Against Sentence
Source Language
ch
Criminal Law Procedure Bail Sentencing Bail Pending Appeal Concurrent and Consecutive Sentencing Functus Officio Sentence Calculation +1 more

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Parties

LIU TSZ MAN (廖子文)

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal / Application for Bail Pending Appeal

  1. 1 Whether bail pending appeal should be granted
  2. 2 Risk of absconding given prior escape attempt
  3. 3 Proper calculation of time served and concurrency between sentences

Ratio Decidendi

Bail pending appeal was refused because the applicant posed a real risk of absconding given his prior organised attempt to flee Hong Kong and because his contention about sentence calculation was based on a misunderstanding; no convincing reason existed to release him pending appeal, and the appropriate remedy is to pursue the appeal.

Court Disposition

Bail refused

Orders

  • Bail pending appeal refused
  • Registry to list appeal hearing earlier than 28 April 2023