R. v. LAI KA YI and Others

R. v. LAI KA YI and Others

Where counsel's advice before a guilty plea was ambiguous or erroneous as to the defendant's appellate rights and the legal status of the offence, the plea may be set aside in the interests of justice and a new trial ordered or the matter remitted for a valid hearing; applying that principle the appeal was allowed for D11 and D12 and a new trial ordered.

Citation
R. v. LAI KA YI and Others
Parties
Respondent (crown): THE QUEEN; Appellant (d9): LAI KA YI (D9); Appellant (d10): CHOW CHI KONG (D10); Appellant (d11): CHUNG KWOK WING (D11); Appellant (d12): TANG WING FONG (D12)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 1996
Case Number
HCMA828/1995
Procedural Posture
Magistracy Criminal Appeal / Appeal Remitted to High Court for Determination After Court of Appeal Remittal; Reasons for Allowing Appeal
Outcome
Appeal allowed in part
Legal Topics
Guilty Plea, Legal Advice, Right to Appeal, Repeal for Inconsistency With Bill of Rights, Magistrates Ordinance S.19(1), Gambling Ordinance S.6
Source Language
EN
Criminal Law Criminal Procedure Constitutional Law Guilty Plea Legal Advice Right to Appeal Repeal for Inconsistency With Bill of Rights Magistrates Ordinance S.19(1) +1 more

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Parties

THE QUEEN

Respondent (crown)

LAI KA YI (D9)

Appellant (d9)

CHOW CHI KONG (D10)

Appellant (d10)

CHUNG KWOK WING (D11)

Appellant (d11)

TANG WING FONG (D12)

Appellant (d12)

Procedural Posture

Magistracy Criminal Appeal / Appeal Remitted to High Court for Determination After Court of Appeal Remittal; Reasons for Allowing Appeal

Legal Issues

  1. 1 Whether a guilty plea induced by erroneous or ambiguous legal advice can be set aside
  2. 2 Whether counsel's advice that an accused could appeal after pleading guilty was correct and whether its inaccuracy vitiates the plea
  3. 3 Whether s.6 of the Gambling Ordinance had been repealed or rendered unenforceable by inconsistency with the Bill of Rights Ordinance

Ratio Decidendi

Where counsel's advice before a guilty plea was ambiguous or erroneous as to the defendant's appellate rights and the legal status of the offence, the plea may be set aside in the interests of justice and a new trial ordered or the matter remitted for a valid hearing; applying that principle the appeal was allowed for D11 and D12 and a new trial ordered.

Court Disposition

Appeal allowed in part

Orders

  • Appeal allowed in respect of Chung Kwok Wing (D11) and Tang Wing Fong (D12)
  • New trial ordered for D11 and D12