RE ROBERT HENRY COSBY

HCAL118/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO.118 OF 1999

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J U D G M E N T

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1. As for the test to be applied for the purpose of this application, it matters not, for I am prepared to assume a test as high as that in section 9G of the Criminal Procedure Ordinance, Cap.221, though I do say in passing that in the normal course of events, any court deciding bail should have strong regard to the provisions of section 10(5) of the Fugitive Offenders Ordinance and the principle which is no doubt behind it.

2. In my judgment, there are substantial grounds in this case for believing that this applicant would fail to surrender to custody for the committal proceedings if granted bail, and that risk would not realistically be affected even by the imposition of the most stringent terms. He has no ties in Hong Kong. His conduct hitherto from the time of his refusal of entry to Canada in January 1999 to date evidences a clear intention to avoid trial in the United States. He has contacts worldwide, is a frequent traveller and there is cogent evidence that he has the means and the intention of evading trial and detection in so far as that may be in his interests and has well planned in his mind where he could conveniently live if it so transpired that living in the United States, or indeed staying in Hong Kong, became imprudent. I take into account the medical evidence and I am satisfied that that does not warrant his release. The new circumstances put forward by Mr Bell on his behalf do not warrant granting of bail.

3. The application for bail is refused. The applicant is remanded in custody to the committal proceedings or until further order.