HKSAR V. MILNE JOHN

[2022] HKCFA 10 Court of Final Appeal 31 May 2022 • FAMC7/2022 • 2 min read

Judges (3)

Counsel (6)

Department of Justice Firm Morley Chow Seto Firm Derek Lau Counsel Applicant Gary Leung Counsel Applicant Nisha Mohamed Counsel Respondent Richard Donald Counsel Respondent

Parties (2)

HKSAR Applicant Milne John Respondent

Summary

The prosecution was granted leave to appeal against a judge's decision to grant a permanent stay of criminal proceedings against John Milne, a foreign defendant with little connection to Hong Kong. The case raised the question of whether a judge should impose bail conditions that might render a prosecution appeal nugatory by allowing the defendant to leave the jurisdiction. Leave was granted on the substantial and grave injustice basis.