Bail and CCTV

HKSAR v Kwan Ka Yiu

Court of First Instance
HCCP 105/2020
Coram: Madam Justice D’Almada Remedios
2 March 2020

The Applicant in bail proceedings in the High Court (having been refused bail in the Magistracy) offered as a condition of bail to install up to three CCTV cameras at his home so as to monitor his movements. The High Court Judge determined that it was not desirable for anyone granted bail to be monitored by CCTV for the following reasons:

  • Privacy concerns in respect of the Applicant, his friends, family and visitors;
  • Practical issues in respect of the deployment of police resources to monitor and/or examine CCTV footage
  • CCTV would serve little purpose in preventing an Applicant intent on absconding

Bail was refused, the Judge noting that the offered condition should be strongly discouraged.

This article by MCS originally appeared in Hong Kong Lawyer, the Official Journal of the Law Society of Hong Kong: HKSAR v Kwan Ka Yiu