Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prescribed by law clause (basic law art.39)
  • 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.

    • Bail pending leave application
    • Leave to appeal
    • Prescribed by law clause (basic law art.39)
    • According to law clause (bill of rights art.11(1))