Case Update: – Successful Bail Application in High-Value Fraud Case

On 30 July 2025, Zavier To successfully secured bail for a defendant who is facing serious criminal charges. The case involves allegations that the defendant conspired with others to defraud victims of over HK$300 million—a charge that naturally drew strong opposition to bail from the prosecution during the mention hearing.

Prosecution’s Objection Based on Offence Severity

As expected, the prosecution objected to bail, citing the gravity of the alleged offence. In Magistrates’ Courts, it is common practice for the prosecution to rely on the seriousness of the charge when opposing bail. The underlying rationale is straightforward: a conviction for a serious offence typically results in a lengthy prison sentence, which may increase the risk of the defendant absconding.

Legal Framework: Bail under Section 9D(1) of Criminal Procedure Ordinance, Cap. 221

Under section 9D(1) of the Criminal Procedure Ordinance (Cap. 221), an accused person is entitled to bail subject to conditions set by the court, unless there are substantial grounds to believe that the accused would:

• (a) fail to surrender to custody as required;
• (b) commit an offence while on bail; or
• (c) interfere with witnesses or obstruct the course of justice.

In this case, the central issue was ground (a): whether the defendant would fail to surrender to custody.

Zavier argued that while the seriousness of the offence is a relevant factor, it should not be the sole consideration. The court must assess all surrounding circumstances, as each case is fact-specific. A key point in Zavier’s submission was the defendant’s voluntary surrender, which significantly reduced the risk of absconding. The court accepted this argument and granted bail.

Takeaway for Legal Practitioners

This case serves as a valuable reminder: although serious charges often lead to bail refusal, practitioners should avoid making assumptions based solely on offence severity. A careful analysis of the facts may reveal mitigating factors—such as voluntary surrender—that can tip the balance in favour of bail.