Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Right to trial within reasonable time

Legal area

Court

16 Oct 1992

THE QUEEN v. LAU KWOK HUNG

Citation

THE QUEEN v. LAU KWOK HUNG
Court

Court of First Instance
Case number

HCMP1703/1991

The judge found that the cumulative delay (17 months and an additional postponement) violated the appellant's right under Article 5(3) of the Bill of Rights; absent new evidence of risk of interference or absconding and having weighed the length of pre-trial custody against likely sentence, the public interest did not outweigh the right to liberty, and bail should be granted with strict financial conditions.
11 Jul 1991

RE SOUTH KOWLOON MAGISTRACY COURT Criminal Case No K-4535 of 1991

Citation

RE SOUTH KOWLOON MAGISTRACY COURT Criminal Case No K-4535 of 1991
Court

Court of First Instance
Case number

HCMP1703/1991

Although Article 5(3) creates a presumption in favour of bail when trial within a reasonable time cannot be secured, the court must balance that presumption against cogent evidence on (1) the nature of the offence, (2) danger to the public, and (3) prejudice to the trial process; on the evidence in this case those factors justified refusal of bail and the applicant must remain in custody.