香港特別行政區 訴 譚浩鳴

香港特別行政區 訴 譚浩鳴

The Court accepted the trial judge's finding that the applicant deliberately attended the scene with intent to support the demonstrators and that, absent any rebuttal evidence, the conviction was properly supported; the appeal was not reasonably arguable and bail pending appeal was therefore refused.

Source-derived case information.

Citation
[2023] HKCA 945
Parties
Applicant: TAM Ho ming (譚浩鳴); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 August 2023
Case Number
CACC177/2022
Procedural Posture
Criminal Appeal (conviction and Sentence) / Bail Application Pending Appeal
Outcome
Bail application refused
Legal Topics
Illegal Assembly, Bail Pending Appeal, Sentencing, Appeal Against Conviction
Source Language
ch
Criminal Law Appellate Procedure Bail Public Order Illegal Assembly Bail Pending Appeal Sentencing Appeal Against Conviction

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Parties

TAM Ho ming (譚浩鳴)

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal (conviction and Sentence) / Bail Application Pending Appeal

  1. 1 Whether the evidence supported conviction for illegal assembly
  2. 2 Whether the applicant demonstrated an arguable appeal to justify bail pending appeal
  3. 3 Whether the sentence of 24 months was excessive or open to successful challenge

Ratio Decidendi

The Court accepted the trial judge's finding that the applicant deliberately attended the scene with intent to support the demonstrators and that, absent any rebuttal evidence, the conviction was properly supported; the appeal was not reasonably arguable and bail pending appeal was therefore refused.

Court Disposition

Bail application refused

Orders

  • Bail pending appeal refused
  • Applicant remanded in custody pending appeal