The concepts of police bail and court bail in Hong Kong are legal procedures used to temporarily release an arrested person while awaiting trial or other resolution of the case. Here is a more detailed description of these concepts:

 

1. Police bail: When a person is arrested by the police in Hong Kong, they can be released on police bail. The purpose of police bail is to allow the person to be free during the investigation and legal proceedings. Bail approval is granted by the police themselves, not by a court. This means that the police have the authority to decide whether a person can be released on bail or whether they must remain in custody. If decision is made to keep the arrested person in custody, he must be brought to court within 2 days after the arrest.

 

When released on police bail, conditions may be imposed on the person. These conditions may include surrendering one's passport, being banned from leaving Hong Kong or being required to report regularly to the police station. Conditions may vary depending on the seriousness of the offence, the person's history and other relevant factors. If the person breaches the conditions of the police bail, they may be arrested again.

 

2. Court bail: Once the case is brought to court in Hong Kong, the accused person can apply for court bail. Unlike police bail, court bail is granted by the court. The amount of bail money and the conditions associated with it are determined by the court based on several factors, such as the seriousness of the offence, the person's background, financial situation and risk of absconding or interference with the legal process.

 

Court bail allows the accused person to remain free during the procedure, but it is subject to conditions. These conditions may include a requirement to attend court regularly, a ban on leaving Hong Kong, surrender of one's passport or other measures to ensure the person's presence at court hearings. If the person violates the conditions of the judicial bail, he risks being arrested again and losing his provisional release.

 

In summary, police bail and court bail are mechanisms used in Hong Kong to enable the temporary release of arrested persons while awaiting trial. Police bail is granted by the police during investigation, while court bail is granted by the court once the case reaches court. These are subject to conditions to guarantee the person's presence during court hearings and to prevent any absconding or interference with the legal process.

 

Romain Pierre Levaire has extensive experience in bail applications, whether at first instance, or at the High Court when bail was initially refused at the Magistrates’ Court.