Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Vulnerable defendants

  • 24 Sept 2015

    HKSAR v. EBERHARD BOVE CELIA GERTRUDE

    Citation
    [2018] HKCFI 763
    Court
    Court of First Instance
    Case number
    HCCC498/2014

    The prosecution must take all reasonable steps to identify and obtain material potentially relevant to defendants' knowledge from domestic and foreign agencies; given the defendants' backgrounds, apparent vulnerability and the outstanding disclosure issues, the court granted bail with conditions and vacated current trial fixtures pending satisfactory disclosure and further pre-trial hearings; additional reporting conditions were imposed for one defendant with prior record concerns.

  • 24 Sept 2015

    HKSAR v. CLIFFORD JAMES

    Citation
    [2018] HKCFI 763
    Court
    Court of First Instance
    Case number
    HCCC259/2015

    The court held that, given the prosecution's obligations of disclosure and the absence of evidence that the defendants are flight risks or a danger to the public, bail should be granted subject to strict conditions while the prosecution takes all reasonable steps to identify and obtain potentially relevant material from international law enforcement partners; specific mention hearings and trial vacatur were ordered where disclosure or medical issues required it.