CPD Course:
Police Power
&
Bail Application

Mr. Jackson Poon was called to the Hong Kong Bar in 1986.  He is experienced in dealing with civil and criminal cases.  In 1994 and 1995, he sat as a Deputy Magistrate for the Judiciary.  In 1995, he joined the then Legal Department (now Department of Justice) directly as a Senior Crown Counsel.  In 2006, he returned to private practice.  He is now in Cheng Huan Q.C., S.C.’s Chambers involved in civil cases and criminal litigation.  In August 2015, he sat as a Deputy District Judge.

Mr. Poon has handled numerous personal injury cases and has given many lectures on personal injury.  He has also handled cases involving Employees Compensation, Incorporated Owners disputes, Lands Tribunal trials, Trust, Commercial disputes, Sales of Goods, Manufacturing of Goods, Construction, Dishonoured Cheques, Defamation, Landlord and Tenant disputes, Conveyancing disputes, Employment disputes, Land disputes, Company matters and Judicial Reviews.  He has handled various criminal cases and he is a listed mediator of the Bar Association.

Various law lectures had been delivered by him for the University of Hong Kong, Hong Kong Polytechnic University, City University, Law Society, Butterworths, Police Detective Training School and Criminal Advocacy Courses of the Department of Justice.

Miss Ada Kam was a Chief Inspector of Police.  She then joined the Department of Justice and is now a solicitor practicing at Messrs. S.H. Chan & Co. handling criminal and civil litigation.

Olivia obtained her law degree from the University of Hong Kong and qualified as a solicitor in 2002.  She worked for the Department of Justice for 10 years before choosing to join the Bar and move into private practice.

In her 10 years of service in the Prosecutions Division of the Department of Justice, Olivia started off as a Government Counsel and was subsequently promoted to Senior Government Counsel (Senior Public Prosecutor).  Olivia has conducted criminal trials and appeals at all levels of court, from the Magistracy to the Court of Final Appeal.  She has conducted a wide range of cases including corruption, complex commercial crime, computer crime, money laundering, sexual offences, violent crime, dangerous drugs and immigration offences.  She also has extensive experience in quasi-criminal matters involving industrial and construction safety, public health, and environmental law.  Olivia left the Department at the level of Deputy Section Head of the ICAC (Public Sector) Unit.

Since being called to the Bar, Olivia has been involved in a wide range of criminal matters and is also developing her practice in matrimonial law.

Olivia is a contributing editor of Hong Kong Archbold.

• Duties of Police Officers
• Acts outside duties
• Police Power to stop, detain & search
• How to deal with police officers at the scene and later on
• Power of Entry of premises with or without a warrant
• How to claim damages after lawful/unlawful entry of premises
• Seizure of property & How to claim back properties
• Power of Arrest with/without warrant
• How to prosecute/defend the following charges:
1. Obstructing a police officer in due execution of his duties
2. Resisting arrest
3. Assaulting a police officer in due execution of his duties
• Legal visits in Police Station, how to tackle the problems
• Identification Parade/confrontation in police station - the role of lawyer for the suspect
• Disorderly conduct, Court of Final Appeal Case

• Presumption of Bail
• Factors Relevant to Consideration
• Terms involved with the Bail Process
• Court Bail
• Conditions of Bail
• Variation of Conditions
• Limits on Repeated Bail Application
• Application by Secretary for Justice for Review of Grant of Bail
• Application to Judge of Court of First Instance
• Consequences of Breach of Bail
• The Sureties
• Press Restrictions
• Bail pending Appeal
• Transfer to the District Court
• Committal Proceedings
• Bail Applications:
1. In the District Court
2. In the Court of First Instance
3. In the Court of Appeal
• New Form introduced in 2013 for High Court Bail Applications