Know more about #Bail
Generally speaking, there are two types of bail, police bail and court bail. In view of the principle of presumption of innocence, any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore, an arrested person or a person charged with a crime should not be denied freedom unless there is a justifiable reason.
Bail Proceedings: The #Magistrate has the power to:
I. Grant Bail
II.
Refuse to grant bail. Remand in police custody
Refuse to grant bail. Remand in jail custody
Because there are substantial grounds for believing that the accused would (can be more than one):
(a) Fail to surrender to custody as the court may appoint
(b) Commit an offence while on bail
(c) Interfere with a witness
(d) Pervert or obstruct the course of justice
(e) Others
In addition, the following reasons will
also be considered (can be more than one):
(a) Nature and seriousness of the alleged offence including the likely disposal in the event of conviction
(b) Previous record of absconding in other proceedings
(c) Previously absconded in these proceedings
(d) Lack of local ties
(e) Appears to have no fixed abode
(f) The likelihood of reoffending whilst on bail is high or alleged to have committed this/these offence(s) while on bail for other matters
(g) Criminal record of similar offences
(h) Other suspects still at large
(i) Stolen goods/exhibits still to be recovered
(j) Others
In deciding bail, the magistrate will consider the position and arguments of the prosecution and the defence, and all relevant materials placed before it by the parties. If bail is granted, conditions on bail can be imposed depending on the circumstances of the particular case to minimise the chance of the defendant absconding and committing offences while on bail.
Bail Conditions (can be more than one) :
(a) Cash – Surety/Sureties required
(b) Cash – Own recognizance
(c) Not to leave Hong Kong
(d) #Surrender all travel documents prior to/within (designated date) of release from custody
(e) To reside at address given
(f) To obey a curfew during (a designated period)
(g) To report to (a designated police station) between hours of (a designated time) and on a (designated day on every week)
(h) To inform (a designated police station) 24 hours prior to any change of residence
(i) Not to contact either directly or in directly any prosecution witness
(j) Others
