Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Estreating bail
  • 1 Dec 1983

    THE QUEEN v. CHAN WAI-MAN

    Citation
    THE QUEEN v. CHAN WAI-MAN
    Court
    Court of Appeal
    Case number
    CACC1244/1983

    The estreating of the bail was unjustified because the trial judge rejected the medical certificate and the solicitor's statement without first obtaining confirmation from the treating doctor; the court must protect the liberty of the subject and, absent clear contrary evidence, should verify with the doctor before forcing attendance or estreathing bail, therefore the order estreating bail was set aside and the appeal allowed with costs.