RE CHAN HUNG TO

RE CHAN HUNG TO

Although no definitive impropriety was proved, the court found that the applicant had been effectively deprived of his right to appeal and that his plea may have been vitiated by misunderstanding; certiorari is available where a plea is not deliberate or where there has been a breach of natural justice; accordingly the convictions and orders were quashed and the applicant returned to the position at the point the charge was altered so the magistrate may proceed afresh.

Citation
RE CHAN HUNG TO
Parties
Applicant/defendant: CHAN Hung-to; Respondent/magistrate: Henry Stanislaus Daniell
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 1977
Case Number
HCMP122/1977
Procedural Posture
Application for Order of Certiorari (judicial Review) / Full Bench Judgment on Leave Application (high Court)
Outcome
Convictions and orders quashed; matter remitted so applicant is restored to position when charge was altered
Legal Topics
Certiorari, Natural Justice, Plea of Guilty, Appeal Rights, Magistrates' Procedure
Source Language
EN
Administrative Law Criminal Law Judicial Review Procedural Law Certiorari Natural Justice Plea of Guilty Appeal Rights +1 more

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Parties

CHAN Hung-to

Applicant/defendant

Henry Stanislaus Daniell

Respondent/magistrate

Procedural Posture

Application for Order of Certiorari (judicial Review) / Full Bench Judgment on Leave Application (high Court)

Legal Issues

  1. 1 Whether certiorari is available to quash convictions entered after a plea of guilty where the plea may not have been deliberate
  2. 2 Whether the applicant's plea was vitiated by misunderstanding or undue influence arising from interpreter conduct
  3. 3 Whether the applicant was effectively deprived of the right to appeal by administrative handling preventing preparation of statement of findings

Ratio Decidendi

Although no definitive impropriety was proved, the court found that the applicant had been effectively deprived of his right to appeal and that his plea may have been vitiated by misunderstanding; certiorari is available where a plea is not deliberate or where there has been a breach of natural justice; accordingly the convictions and orders were quashed and the applicant returned to the position at the point the charge was altered so the magistrate may proceed afresh.

Court Disposition

Convictions and orders quashed; matter remitted so applicant is restored to position when charge was altered

Orders

  • Order quashing the determinations and orders of Mr Daniell dated 9 and 16 December 1976
  • Proceedings to be treated as if the alteration of the charge and subsequent plea had not occurred; magistrate to decide whether to take plea again or treat plea as not guilty and proceed accordingly