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Hong Kong decisions
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The Court of Appeal refused bail pending appeal in a drug-trafficking sentence case, finding no reasonably arguable appeal and no basis to disturb the sentence.
The court refused bail because the applicant failed to demonstrate even a reasonable prospect of success on appeal; the trial judge's detailed and proper identification findings based on multiple video segments and clothing comparison rendered the appeal unlikely to succeed, so the exceptional standard for bail pending appeal was not met.
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Bail pending appeal was granted because the court could not conclude at the bail stage that the amended grounds were not reasonably arguable, there had been a substantive change in circumstances since the first refusal, and the combination of the time factor (possible completion of the sentence before appeal hearing) and humanitarian considerations (age and health) made continued detention unfair; the court will determine bail conditions after hearing submissions.
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The Court of Appeal refused bail pending appeal in a money laundering case, holding the applicant had not shown a sufficient time-served basis for release.
Bail pending appeal was refused because the applicant failed to demonstrate a reasonable, let alone very high, prospect of success on his proposed conviction and sentence appeals; the trial judge's handling of evidence and admissions did not reveal the legal error alleged under Thongjai; the remand custody credit issue is administrative under s67A and not a proper basis for bail; family or mental stresses did not outweigh these factors.
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Bail pending appeal was granted after leave to appeal sentence was allowed on arguable grounds concerning guilty plea and assistance discounts.
Bail pending appeal refused because the applicant failed to demonstrate the requisite exceptional circumstances: his proposed appeals do not have a reasonable (let alone extremely high) prospect of success and the sentence is not manifestly excessive; the trial judge lawfully rejected the applicant's account and was entitled to infer mens rea from the overwhelming transactional evidence.
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The Court of Appeal refused leave to appeal conviction and sentence in a drug trafficking case, refused bail pending appeal, and warned about loss of time.
At the preliminary stage the court found the applicants' grounds of appeal raised reasonable disputes (including that they lent accounts to a licensed money changer and only one deposit per account traced to fraud), and applying the established test in Lau Man Kin and Salim Majed the court held that bail pending appeal should be granted in this exceptional case.
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The application for bail pending appeal is refused because the applicant failed to show a reasonable, let alone very high, prospect of success on appeal and relied on inadequate grounds (seeking time to find a lawyer and to prepare documents); the disputed financial amounts had been accepted previously with counsel, so exceptional circumstances do not exist.
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