https://hk.news.yahoo.com/瀆職上訴-曾蔭權已呈交終極上訴通知書-決定放棄保釋申請-051700644.html
【瀆職上訴】曾蔭權已呈交終極上訴通知書 決定放棄保釋申請
星島日報
12.8k 人追蹤
2018年7月27日 下午6:12
曾蔭權已呈交終極上訴通知書。
【星島日報報道】頭條日報得悉 ，前特首曾蔭權於上周五遭上訴庭駁回推翻公職人員行為失當罪，但獲減刑至一年，曾蔭權須即時繼續服刑。代表曾蔭權的律師團隊今午在限期前已向法院呈交終極上訴通知書，但曾蔭權決定放棄保釋申請。
律師團隊因要向曾蔭權確認上訴理據細節，故延至下午三點半正式把終極上訴通知書交到高院上訴登記處。
換言之，現年73歲的曾蔭權選擇繼續在赤柱監獄服餘下約六個月的刑期，同時間等候終極上訴推翻定罪的申請。
假若上訴庭不批出曾蔭權的上訴許可，他可直接再向終審法院申請上訴許可。此外，曾蔭權暫不會申請保釋，要視乎終極上訴能否取得上訴許可。
曾蔭權去年二月因一項公職人員行為失當罪判囚20個月，他服刑63日後獲准保釋，上周五獲上訴庭減刑一年，扣除假期及行為良好等，曾蔭權約服刑六個月便可出獄。
終極上訴理據，包括原審法官引導陪審團犯了法律上錯誤，未有向陪審團詳細講解行為失當罪中的各項元素，例如行為失當必須是「嚴重」的，若涉及「小事或鎖碎」是不會構成此罪，故定罪並不穏當。
律政司發言人回覆指， 律政司於今日收到上訴人的動議通知 (Notice of Motion)。
記者：徐曉伊
建立時間：1317
更新時間：1812
睇更多
[Dereliction of duty] Donald Tsang has submitted a final notice of appeal and decided to abandon the bail application
[Sing Tao Daily]
Sing Tao Daily
12.8k person tracking
July 27, 2018, 6:12 PM
Mr Tsang has submitted a Notice of Final Appeal.
[Sing Tao Daily News] Headline Daily reported that former Chief Executive Donald Tsang was dismissed by the Court of Appeal last Friday to overturn the crime of misconduct of public officials, but was sentenced to one year. Donald Tsang must continue to serve his sentence immediately. The team of lawyers representing Donald Tsang submitted a final notice of appeal to the court before the deadline, but Donald Tsang decided to abandon the bail application.
The lawyer team decided to submit the final notice of appeal to the Court of Appeal of the High Court at 3:30 pm due to the confirmation of the details of the appeal to Donald Tsang.
In other words, the 73-year-old Donald Tsang chose to continue to serve the remaining six months in Stanley Prison and wait for the final appeal to overturn the conviction.
If the Court of Appeal does not grant Donald Tsang's leave to appeal, he may apply directly to the Court of Final Appeal for leave to appeal. In addition, Mr Tsang will not apply for bail for the time being, depending on whether the ultimate appeal can obtain an appeal.
In February last year, Mr Tsang was sentenced to 20 months in prison for a misconduct of a public official. He was released on bail after 63 days of imprisonment. He was sentenced to one year's imprisonment by the Court of Appeal last Friday. After deducting holidays and good conduct, Mr Tsang was sentenced to six months' imprisonment. Released from prison.
The ultimate appeal reason, including the trial judge led the jury to make a legal mistake, did not explain to the jury in detail the elements of the crime of misconduct, such as misconduct must be "serious", if it involves "small things or locks" It does not constitute this crime, so the conviction is not sinful.
A spokesman for the Department of Justice replied that the Attorney General received the Notice of Motion of the Appellant today.
Reporter: Xu Xiaoyi
Established: 1317
Updated: 1812
睇More
【瀆職上訴】曾蔭權已呈交終極上訴通知書 決定放棄保釋申請
星島日報
12.8k 人追蹤
2018年7月27日 下午6:12
曾蔭權已呈交終極上訴通知書。
【星島日報報道】頭條日報得悉 ，前特首曾蔭權於上周五遭上訴庭駁回推翻公職人員行為失當罪，但獲減刑至一年，曾蔭權須即時繼續服刑。代表曾蔭權的律師團隊今午在限期前已向法院呈交終極上訴通知書，但曾蔭權決定放棄保釋申請。
律師團隊因要向曾蔭權確認上訴理據細節，故延至下午三點半正式把終極上訴通知書交到高院上訴登記處。
換言之，現年73歲的曾蔭權選擇繼續在赤柱監獄服餘下約六個月的刑期，同時間等候終極上訴推翻定罪的申請。
假若上訴庭不批出曾蔭權的上訴許可，他可直接再向終審法院申請上訴許可。此外，曾蔭權暫不會申請保釋，要視乎終極上訴能否取得上訴許可。
曾蔭權去年二月因一項公職人員行為失當罪判囚20個月，他服刑63日後獲准保釋，上周五獲上訴庭減刑一年，扣除假期及行為良好等，曾蔭權約服刑六個月便可出獄。
終極上訴理據，包括原審法官引導陪審團犯了法律上錯誤，未有向陪審團詳細講解行為失當罪中的各項元素，例如行為失當必須是「嚴重」的，若涉及「小事或鎖碎」是不會構成此罪，故定罪並不穏當。
律政司發言人回覆指， 律政司於今日收到上訴人的動議通知 (Notice of Motion)。
記者：徐曉伊
建立時間：1317
更新時間：1812
睇更多
[Dereliction of duty] Donald Tsang has submitted a final notice of appeal and decided to abandon the bail application
[Sing Tao Daily]
Sing Tao Daily
12.8k person tracking
July 27, 2018, 6:12 PM
Mr Tsang has submitted a Notice of Final Appeal.
[Sing Tao Daily News] Headline Daily reported that former Chief Executive Donald Tsang was dismissed by the Court of Appeal last Friday to overturn the crime of misconduct of public officials, but was sentenced to one year. Donald Tsang must continue to serve his sentence immediately. The team of lawyers representing Donald Tsang submitted a final notice of appeal to the court before the deadline, but Donald Tsang decided to abandon the bail application.
The lawyer team decided to submit the final notice of appeal to the Court of Appeal of the High Court at 3:30 pm due to the confirmation of the details of the appeal to Donald Tsang.
In other words, the 73-year-old Donald Tsang chose to continue to serve the remaining six months in Stanley Prison and wait for the final appeal to overturn the conviction.
If the Court of Appeal does not grant Donald Tsang's leave to appeal, he may apply directly to the Court of Final Appeal for leave to appeal. In addition, Mr Tsang will not apply for bail for the time being, depending on whether the ultimate appeal can obtain an appeal.
In February last year, Mr Tsang was sentenced to 20 months in prison for a misconduct of a public official. He was released on bail after 63 days of imprisonment. He was sentenced to one year's imprisonment by the Court of Appeal last Friday. After deducting holidays and good conduct, Mr Tsang was sentenced to six months' imprisonment. Released from prison.
The ultimate appeal reason, including the trial judge led the jury to make a legal mistake, did not explain to the jury in detail the elements of the crime of misconduct, such as misconduct must be "serious", if it involves "small things or locks" It does not constitute this crime, so the conviction is not sinful.
A spokesman for the Department of Justice replied that the Attorney General received the Notice of Motion of the Appellant today.
Reporter: Xu Xiaoyi
Established: 1317
Updated: 1812
睇More
