我睇過 第234章《監獄條例》, 好似冇講得咁仔細
- ?Lv 76 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：