9 Apr 2024
The magistrate lawfully exercised discretion: claimed attendance bonuses, time taken to give police statements and time obtaining legal advice do not constitute recoverable expenses under the relevant statute and rules; modest allowances for letter preparation and reasonable public transport were justified; the aggregate award of HKD1,200 was reasonable and is upheld on rehearing.
16 Mar 2015
Bail was granted because, applying the statutory bail factors, the prolonged and unreasonable period of remand relative to the non-violent nature and likely sentence for the charged offences, together with the applicants' ability to comply with stringent bail conditions, rebutted reasons to refuse bail; courts may take into account the merits of a non-refoulement claim where the information before the court permits assessment, but delay in processing is a proper factor favouring bail.
17 Feb 2015
Leave to appeal was refused because although the trial judge misdirected the jury by including recklessness as a basis for mens rea, the Court of Appeal correctly held the offence requires actual intent and was satisfied on the facts that any reasonable tribunal would inevitably have convicted; therefore the conviction was safe under the proviso and the applicant did not suffer substantial or grave injustice.
17 Apr 2012
The application for bail pending appeal was dismissed because the applicant failed to discharge the burden of showing a prima facie likelihood of success on appeal; bare allegations about counsel's advice and untested assertions about absent witnesses did not establish gross incompetence or undermine the safety of the conviction, and the sentence length did not justify bail as it would not be exhausted before the appeal hearing.