XCHRX R. v. HO WING LEUNG

IN THE COURT OF APPEAL

1996, No. 645
(Criminal)

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R U L I N G

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Bokhary, J.A.:

1. There has already been one application for bail pending appeal by this applicant. That earlier application came before my brother Ching on December 17 last year. And it failed because my brother Ching took the view, with which I entirely agree, that there was nothing whatsoever in the grounds put forward by the applicant who was then in person. Those grounds are the ones contained in his Notice of Application for Leave to Appeal against Conviction. He is now represented by Mr Ma. No amendment of or addition to the grounds of appeal has been made yet. But Mr Ma indicated to me that his ground of appeal was as follows:

"There was no or no sufficient evidence to show that the applicant had done anything to restrain the liberty of either victim."

2. The trial judge found to be true and reliable the statement produced by the prosecution as one made by this applicant to the police when interviewed under caution. And what one gets from that statement is shortly stated as follows. Knowing full well that the two victims were being detained - indeed upon seeing them bleeding - the applicant advised the man who was detaining them to demand money by telephone.

3. It is only common sense that what was being suggested was in fact the demanding of ransom. And it would be wholly nonsensical to suggest that in advising the person who was detaining the victims to seek ransom, the advisor was not encouraging the further detention of the victims i.e. their further false imprisonment at least until the ransom was collected .

4. Unless there appears to be at least very strong prospects of success on appeal, this is not a case for bail pending appeal. And I am not at all persuaded that there are very strong prospects - or indeed any realistic prospect - of such success. I am not pre-judging any appeal. I am only going on the basis on what has been put before me today. On that basis, I am wholly unable to see any real prospect of success at all, let alone very strong prospects.

In the result, bail pending appeal is refused.