Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bail

  • 13 May 2026

    TRAN THI BICH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

    Citation
    [2026] HKCFI 2781
    Court
    Court of First Instance
    Case number
    HCAL784/2026

    The Leave Application was struck out because it was a duplicate of an earlier filed leave application challenging the same Director's Decision and was filed to facilitate bail, which constituted an abuse of court process; there was no evidence to justify a second application so striking out was necessary to prevent abuse and the court did not need to consider the merits.

  • 27 Feb 2026

    TAJAPAL REMEDIOS TANALLON v. IMMIGRATION DEPARTMENT OF HONG KONG

    Citation
    [2026] HKCFI 1187
    Court
    Court of First Instance
    Case number
    HCAL416/2026

    The application for leave was dismissed because the applicant failed to identify any reasonably arguable grounds of judicial review with a realistic prospect of success; absent such grounds the Court will not entertain a judicial review that effectively seeks to re‑open or appellate review of a magistrate's handling of bail.

  • 17 Jun 2024

    香港特別行政區 訴 徐俊傑

    Citation
    [2024] HKDC 949
    Court
    District Court
    Case number
    DCCC329/2022

    The court found the legal representatives credible and supported by contemporaneous signed instructions, the defendant's evidence was inconsistent and unreliable, medical evidence did not show incapacity to the requisite degree, and there was sufficient time and explanation; consequently the plea was voluntary and informed and there was no proper basis to exercise the court's discretion to allow withdrawal — the application to overturn the guilty plea was dismissed.

  • 14 May 2024

    HKSAR v. BAM, RAGHAV

    Citation
    [2024] HKCFI 1316
    Court
    Court of First Instance
    Case number
    HCMA22/2024

    The magistrate did not err in her assessment: the starting points and plea discounts were appropriate, the offences committed in a short period justified partial consecutive sentences, and it was lawful to order the 14-month term to run consecutively to an unrelated sentence; accordingly the appeal against sentence is dismissed.

  • 28 Apr 2022

    HKSAR v. NG MAN YEE CAROL

    Citation
    [2022] HKCFI 1061
    Court
    Court of First Instance
    Case number
    HCCP193/2021

    Applying NSL s42(2) the judge was not persuaded, on the totality of the applicant's statements, activities, publications and international influence, that there were sufficient grounds to believe she would not continue to commit acts endangering national security; accordingly bail was refused.

  • 26 Apr 2022

    HKSAR v. FAN KWOK WAI GARY

    Citation
    [2022] HKCFI 1173
    Court
    Court of First Instance
    Case number
    HCCP454/2021

    Applicant failed to overcome the first threshold under HKSAR v Lai Chee Ying; despite sympathetic factual considerations (family health, delay), the court was satisfied risk of continuing national security offending had not been negated and bail was therefore refused; court emphasized need for active case management to prevent extended pre-trial detention.

  • 6 Apr 2022

    HKSAR v. FUNG TAT CHUN FRANKIE

    Citation
    [2022] HKCFI 744
    Court
    Court of First Instance
    Case number
    HCCP584/2021

    The applicant failed the first NSL threshold: the court was not satisfied there were sufficient grounds to believe he would not continue to commit acts endangering national security, based on his participation in the Primaries, public statements, media activities and demonstrable determination, therefore bail is refused.

  • 14 Dec 2021

    HKSAR v. NG HAU YI SIDNEY (伍巧怡)

    Citation
    [2021] HKCFA 42
    Court
    Court of Final Appeal
    Case number
    FAMC32/2021

    The court held there is no reasonably arguable basis to confine NSL Article 42(2)'s more stringent bail threshold to offences created by the NSL; "acts endangering national security" in Article 42(2) properly includes acts capable of constituting offences under the NSL or existing HKSAR laws (including sedition under s.10(1)(c) Crimes Ordinance), and therefore NSL 42(2) applies to the offence charged; leave to appeal was refused.

  • 2 Nov 2021

    HKSAR v. CHAN CHI CHUEN RAYMOND

    Citation
    [2021] HKCFI 2997
    Court
    Court of First Instance
    Case number
    HCCP473/2021

    The judge concluded the applicant crossed the NSL s42(2) first threshold because his legislative record, past cooperation with government, resignation from political posts and deactivation of social media, taken with stringent bail conditions, provided sufficient grounds to believe he would not continue to commit acts endangering national security; the risk of absconding was mitigated by his strong Hong Kong ties and the bail conditions, and therefore bail was granted.

  • 2 Nov 2021

    HKSAR v. FAN KWOK WAI GARY

    Citation
    [2021] HKCFI 3109
    Court
    Court of First Instance
    Case number
    HCCP454/2021

    Applying NSL s42(2) and the guidance in HKSAR v Lai Chee Ying, the judge conducted a predictive evaluative exercise and concluded that the applicant's demonstrated determination and the exhibited conduct (videos, online activity and coordination) gave sufficient grounds to believe he would continue to commit acts endangering national security if released, thereby failing the threshold for bail.