Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bail pending leave application

Legal area

Court

24 Nov 2017

SECRETARY FOR JUSTICE v. LAM LONG YIN

Citation

SECRETARY FOR JUSTICE v. LAM LONG YIN
Court

Court of Final Appeal
Case number

FAMC44/2017

Bail was granted because (1) there was at least some reasonable prospect of the applicants obtaining leave to appeal given Court of Appeal certification of questions of law and the circumstances, (2) there was no real risk of absconding, and (3) refusal of bail would likely render the leave applications nugatory by the time leave was determined; accordingly exceptional circumstances justified bail on agreed terms.
7 Apr 2011

LO WAI YAN v. HKSAR

Citation

LO WAI YAN v. HKSAR
Court

Court of Final Appeal
Case number

FAMC101/2010

A single Permanent Judge may grant bail pending the Appeal Committee's determination of a leave-to-appeal application only in rare and exceptional circumstances where there are reasonable prospects of the Appeal Committee granting leave and bail pending appeal and there is no real risk of absconding; those pre-conditions were satisfied on the facts and therefore the applicant was admitted to bail on the conditions set out in the written material and to be formalised in proper form.