SECRETARY FOR JUSTICE v. WONG HO MING

FACC No.4 of 2018

[2018] HKCFA 14

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 4 OF 2018 (CRIMINAL)

(ON APPEAL FROM CAAR NO. 3 OF 2016)

____________________

RULING ON BAIL

Mr Justice Ribeiro PJ:

1.  The applicant presently seeking bail is one of 13 defendants who were convicted of unlawful assembly and certain other offences arising out of a demonstration in the Legislative Council Complex on 13 June 2014.  After dismissal of their appeals, the sentences imposed by the magistrate were increased by the Court of Appeal on a sentence review brought by the Secretary for Justice.

2.  All 13 were granted leave to appeal against the sentence review judgment by the Appeal Committee on 21 March 2018, with the appeal (in FACC 4/2018) scheduled to be heard on 7 September 2018.  While the other applicants were granted bail pending that appeal, the present applicant stood in a different position since, in different proceedings, he had been convicted for criminal contempt and had been, on 18 January 2018, sentenced to imprisonment for 4 months and 15 days by Andrew Chan J.  He was therefore serving that sentence when leave to appeal in FACC 4/2018 was granted and bail previously granted to him was revoked.

3.  I am told that on the sentence currently being served, he is eligible to be discharged today, 16 April 2018.  He is now applying for bail pending the hearing of the appeal scheduled for 7 September 2018.

4.  The Secretary for Justice does not oppose the grant of bail on the same terms as those which have been granted to the applicant’s co-appellants, accepting that there is no flight risk and accepting that the applicant may have served all or a substantial part of his sentence before the pending hearing if bail is not granted. 

5.  However, at the hearing, Mr Hectar Pun SC[1] applied that those terms, requiring the applicant to remain in Hong Kong, surrender his travel documents, report to a specified police station and reside at a reported address, be suspended over a relevant period in July so that he can attend a seminar in Taiwan organized by a body named “New School for Democracy” and stay there for 8 days.  This was opposed by the prosecution.

6.  In my view, grounds for according such special terms of bail to the applicant have not been made out.  Accordingly, I grant bail on terms which have otherwise been agreed between the parties, namely, for cash bail of $10,000 for the applicant and the usual terms as to remaining in Hong Kong, the surrender of travel documents, reporting to a specified police station and residing at a named address.  The details will be dealt with by my clerk.

7.  The applicant should understand that if his appeal fails, he may be required to return to prison to serve out his sentence.