香港特別行政區 訴 葉祖榮

香港特別行政區 訴 葉祖榮

Bail was refused because the applicant's new grounds attacked only factual findings of the trial judge, whose finding of intent to extort was reasonable; the applicant failed to show arguable grounds or exceptional circumstances and public interest and court scheduling justified refusal of bail and refusal to...

Source-derived case information.

Citation
[2019] HKCA 940
Parties
Applicant: YIP Cho wing (葉祖榮); Respondent: The Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 August 2019
Case Number
CACC265/2018
Procedural Posture
Criminal Appeal / Bail Application Pending Appeal
Outcome
Application for bail pending appeal refused; application to adjourn the appeal refused.
Legal Topics
Bail Pending Appeal, Intent to Extort, Leave to Appeal, Adjournment of Appeal
Source Language
ch
Criminal Law Appellate Procedure Bail Bail Pending Appeal Intent to Extort Leave to Appeal Adjournment of Appeal

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Summary, issues, holding and outcome

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Parties

YIP Cho wing (葉祖榮)

Applicant

The Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal / Bail Application Pending Appeal

Legal Issues

  1. 1 Whether bail pending appeal should be granted
  2. 2 Whether the new grounds of appeal raise arguable points beyond disputed factual findings
  3. 3 Whether the trial judge's finding of intent to extort was open to criticism

Ratio Decidendi

Bail was refused because the applicant's new grounds attacked only factual findings of the trial judge, whose finding of intent to extort was reasonable; the applicant failed to show arguable grounds or exceptional circumstances and public interest and court scheduling justified refusal of bail and refusal to adjourn the appeal.

Court Disposition

Application for bail pending appeal refused; application to adjourn the appeal refused.

Orders

  • Refused bail pending appeal.
  • Refused to adjourn the scheduled appeal date.