Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bail jurisdiction

Legal area

Court

2 Apr 2019

HKSAR v. CHEUNG KWAI CHOI (張貴財), CHOW NOK HANG (周諾恆)

Citation

[2019] HKCFA 13
Court

Court of Final Appeal
Case number

FAMC60/2018

Applications for leave to appeal were dismissed: AI s11 is rationally connected to legitimate aims and is no more than necessary and proportionate in limiting conduct within Legislative Council precincts; convictions did not require proof of actual disruption or both failure to behave and failure to comply with a direction; jurisdiction to grant bail under s34 HKCFAO arises only once an application for leave to appeal has been taken.
2 Apr 2019

HKSAR v. YIP PO LAM (葉寶琳), WONG KAN YUEN (黃根源)

Citation

[2019] HKCFA 13
Court

Court of Final Appeal
Case number

FAMC54/2018

Applications for leave to appeal were dismissed because none of the points raised were reasonably arguable: AI s11 is directed to legitimate aims and satisfies the proportionality test; conviction under s20(b)/AI s11 does not require proof of actual disruption nor both a failure to behave and a failure to comply with directions; and bail jurisdiction under s34 HKCFAO does not arise until an applicant takes the procedural step to apply for leave to appeal.