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HCMA291/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 291 OF 2010
(ON APPEAL FROM KCCC 6361/2009)
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BETWEEN
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HKSAR |
Respondent |
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and
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“Z” |
Appellant |
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Before: Hon Line J in Court
Date of Hearing: 5 September 2011
Date of Decision: 5 September 2011
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D E C I S I O N
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1. There is an application for a certificate to apply for leave to appeal to the Court of Final Appeal. It takes the Browne v Dunn point that I have just dealt with in the reasons I have given and it takes the point concerning the use of the videotape as evidence-in-chief and the video link for cross-examination. In my judgment, the case does not give rise to a question that I should certify.
2. I am also asked for bail at the same time. I regret to say that my view of the legislation is that I do not have the jurisdiction to grant bail. If it were the case that I did have the power, I would have exercised it in favour, because the sentence would be served before any relief could be sought, but my view is I do not have the power.
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(P Line)
Judge of the Court of First Instance
of the High Court |
Ms Rosa Lo, Public Prosecutor of the Department of Justice, for the Respondent
Mr Timothy Edward David Parker, instructed by Vidler & Co, assigned by the Director of Legal Aid, for the Appellant
Please refer to FACMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.
Please refer to FACMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.
Please refer to FACMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.
Please refer to FACMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.
Please refer to FAMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.
Please refer to FAMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.
Please refer to FAMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.
Please refer to FAMC68/2011 for the relevant appeal(s) to the Court of Final Appeal.
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