11 Jul 1991
RE SOUTH KOWLOON MAGISTRACY COURT Criminal Case No K-4535 of 1991
- Citation
- RE SOUTH KOWLOON MAGISTRACY COURT Criminal Case No K-4535 of 1991
- Court
- Court of First Instance
- Case number
- HCMP1703/1991
Although Article 5(3) creates a presumption in favour of bail when trial within a reasonable time cannot be secured, the court must balance that presumption against cogent evidence on (1) the nature of the offence, (2) danger to the public, and (3) prejudice to the trial process; on the evidence in this case those factors justified refusal of bail and the applicant must remain in custody.