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D. Court bail

Under Part 1A of the Criminal Procedure Ordinance (Cap. 221), the Magistrates’ Courts, District Court, and the Court of First Instance have the power to grant bail to a defendant. There is a presumption of entitlement to bail based on the presumption of innocence, as provided in Article 28 of the Basic Law and Article 5(3) of the Hong Kong Bill of Rights. This means that in most cases, a person should be granted bail. However, this right is not absolute and can be qualified under certain circumstances, as provided in section 9G of the Criminal Procedure Ordinance.


Bail can be granted at different stages of the legal proceedings, such as during the trial or while awaiting sentencing or appeal. There are different powers and procedures for granting bail, depending on the type of court and the circumstances.