EQUON QUOU "egou FUTUR
CONFIDENTIAL
- 2 -
Case
Nature
Provisions being
challenged
Re an application for Bail pending trial
right to bail
TAU Ming-man
Decision
Court
application for bail under art. 5(3) of BOR after initial refusal.
refused bail in this case but held that art. 5(3) of BOR did embody a
presumption that bail should be granted.
presumptions of possession of firearms and ammunition
S.24 of Firearms and Ammunition Ord (FAO) (art. 11(1) of BCR).
High Court
repealed
District Court
the accused to prove that he had a valid licence at the relevant date.
S.94A of Criminal Procedure Ord. (CPO) applied to s.13(1) of FAO. (art 11 (1) of BCR)
not inconsistent with BOR; a licence was a defence.
District Court
Impact/HKG's
response
11
generated extra work for
prosecutors to provide affidavits or evidence.
S.24 regarded as repealed because of presumptions are similar to SIN Yau-ming case.
Nil
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