HKSAR v. “Z”

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

HKSAR Respondent
and
“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-chiefand 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 jurisdictionto grant bail. If it were the case that I did have the power, I would have exercised it in favour, because the sentence would beserved before any relief could be sought, but my view is I do not have the power.

(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.