10 Feb 2023
SECRETARY FOR JUSTICE v. AU YUK TING MELISSA
- Citation
- [2023] HKCA 177
- Court
- Court of Appeal
- Case number
- CACC14/2023
The judge exercised the discretion under s.84(b) and refused to issue arrest warrants/alter bail because the case stated grounds were broadly formulated and effectively challenged factual credibility (not legal errors), the respondents’ defences had been accepted at trial and there was no clear and obvious legal error (perversity) to justify intervention, the offences were relatively low in gravity and respondents had complied with bail for a prolonged period, and issuing warrants or further restrictions would be unnecessary and disproportionate to preserve the status quo.