匿名
匿名 發問於 政治及管治法律及道德 · 6 年前

高院上訴保釋

朋友係外國人,被控刑事毀壞、普通襲擊、襲警、妨礙警員執行職務及逾期居留,佢未定罪,但已經被收押荔枝角差不多一個月,單案3月初審。

2次於裁判法院既保釋聆訊都被拒絕,佢會去高院上訴,佢話高院申請保釋易d,係咪真架?如果高院批左,係咪可以即時保釋佢架?

佢保釋左出黎會搬黎同我住,佢話因為法庭要佢申報一個固定地址,所以會填我屋企地址,但因為我屋企遲D要裝修,咁佢填左我地址之後,改唔改得架?

更新:

咁...係咪只有一次上訴機會?..用左呢次機會就冇架喇?

更新 2:

咁...係咪只有一次上訴機會?..用左呢次機會就冇架喇?

更新 3:

咁...一試無妨...試左唔得都唔會有咩壞影響...係咪?

更新 4:

我朋友選擇自辯,佢需要準備佢自己單case既文件,其實有冇法例講明佢可以要求關於佢單case既legal bundle?...在收押所影印文件之類...瑣瑣碎碎既事項?

我睇過 第234章《監獄條例》, 好似冇講得咁仔細

D 收押所既職員又無視佢既要求

點算?

1 個解答

評分
  • ?
    Lv 7
    6 年前
    最愛解答

    1. No. In fact, it is more difficult.

    In the standard of appeal, the court decision subject to appeal is assumed correct and contains no error.

    In other word, your friend has the burden to prove that the magistrate is incorrect.

    (Beside - even without the case detail, your friend's chance of success is basically none. A violation of breaching of condition of stay is enough for bail denial. Without the other charges, your friend was supposed to be deported. To be honest, even success, your friend will face the most harsh bail condition, such as daily reporting to the police station.)

    2. No. It is an appeal. If success, the Court of First Instance will have to remand the case back to the magistrate's court.

    The Government can also appeal and ask for stay of judgment.

    3. Your friend must inform the Court and the police for the change of address.

    2015-02-13 18:30:36 補充:

    An issue can be only appealed once at each level for courts of appeal.

    For example, if your friend's appeal for bail is denied, your friend can still appeal the bail issue to the Court of Final Appeals. Also, your friend can also appeal if convicted or any court decisions in the future.

    2015-02-13 18:31:04 補充:

    But the bail issue is final at the level of the Court of First Instances, which means bail must be denied.

    2015-02-14 06:21:46 補充:

    No. it is not.

    1. Your friend may be liable for the Government's legal fees and court costs.

    2. When you make a formal objection to the court, it is on record. Your objection may determine how the court views this case.

    2015-02-14 06:24:44 補充:

    When your friend starts making frivolous defenses, his future defense will be deminished by his action.

    There is a reason why people don't appeal simply because they can.

    2015-02-17 15:59:28 補充:

    See here:

    http://www.hklii.hk/chi/hk/legis/reg/234A/s202.htm...

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