香港特別行政區 訴 王雪花

香港特別行政區 訴 王雪花

Because the application to overturn the guilty plea was made approximately 81 days after conviction, outside the 14‑day period prescribed by s104 of the Magistrates Ordinance, the magistrate had no jurisdiction on 27 January 2021 to entertain the review; accordingly the decision to set aside the conviction and...

Source-derived case information.

Citation
[2023] HKCFI 790
Parties
Appellant: 香港特別行政區; Respondent: 王雪花
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 March 2023
Case Number
HCMA154/2022
Procedural Posture
Criminal — Reference on Magistrate Jurisdiction Under Magistrates Ordinance S105 / Case Stated to High Court Under Magistrates Ordinance S105 for Opinion
Outcome
High Court answers the stated question in the affirmative: the magistrate had no power on 27 January 2021 to deal with the application to overturn the earlier plea and the setting aside of conviction and sentence was not competent.
Legal Topics
Magistrate Power of Review, Statutory Time Limits, Withdrawal of Guilty Plea, Functus Officio, Jurisdictional Limits
Source Language
ch
Criminal Law Procedural Law Administrative Law Immigration Law Magistrate Power of Review Statutory Time Limits Withdrawal of Guilty Plea Functus Officio +1 more

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Parties

香港特別行政區

Appellant

王雪花

Respondent

Procedural Posture

Criminal — Reference on Magistrate Jurisdiction Under Magistrates Ordinance S105 / Case Stated to High Court Under Magistrates Ordinance S105 for Opinion

  1. 1 Whether the magistrate had jurisdiction on 27 January 2021 to entertain the application to overturn the earlier guilty plea given the 14‑day review period under s104 of the Magistrates Ordinance
  2. 2 Whether the application on 27 January 2021 was an exercise of judicial discretion to permit withdrawal of plea (not subject to s104 time limit) or a s104 review subject to the 14‑day limit

Ratio Decidendi

Because the application to overturn the guilty plea was made approximately 81 days after conviction, outside the 14‑day period prescribed by s104 of the Magistrates Ordinance, the magistrate had no jurisdiction on 27 January 2021 to entertain the review; accordingly the decision to set aside the conviction and sentence was not competent.

Court Disposition

High Court answers the stated question in the affirmative: the magistrate had no power on 27 January 2021 to deal with the application to overturn the earlier plea and the setting aside of conviction and sentence was not competent.

Orders

  • The High Court answers the question posed under s105 of the Magistrates Ordinance: Yes, the magistrate lacked jurisdiction to entertain the application on 27 January 2021.