Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Detention pending appeal
  • 31 Dec 2020

    HKSAR v LAI CHEE YING (黎智英)

    Citation
    [2020] HKCFA 45
    Court
    Court of Final Appeal
    Case number
    FAMP1/2020

    Leave to appeal was refused on the jurisdictional question whether a CFI grant of bail under CPO section 9J is generally a 'final decision' under HKCFAO section 31(b) because that proposition was not reasonably arguable; leave was granted on the certified question concerning the correct interpretation of NSL Article 42(2) as it is a final question of law under the applications approach; the Appeal Committee has jurisdiction to entertain an application to detain the respondent pending determination of the appeal and, on balance, ordered the respondent detained pending the appeal to preserve th…