SIU HAI KA AND OTHERS v. R.

SIU HAI KA AND OTHERS v. R.

Convictions under s.30 Summary Offences Ordinance which had been rendered invalid by the Privy Council decision were to be quashed and sentences set aside; the application to treat abandonment of an appeal against sentence as a nullity was refused because the payments relied on did not constitute remorse and the exceptional standard required to reinstate an abandoned appeal was not met.

Citation
SIU HAI KA AND OTHERS v. R.
Parties
Respondent/prosecution: THE QUEEN; Applicant/defendant: Chu Cheuk Hong; Applicants/defendants: Siu Hai Ka and others; Applicant/defendant: Jacky Wong Chai Chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 1994
Case Number
HCMA893/1994
Procedural Posture
Criminal Appeal / Governor's Reference / Court of Appeal Judgment on References and Application to Reinstate Abandoned Appeal Against Sentence
Outcome
Convictions under the repealed provision quashed and sentences set aside; application to reinstate abandoned appeal against sentence refused.
Legal Topics
Repeal of Statute, Quashing Convictions, Restitution as Mitigation, Abandonment and Reinstatement of Appeals, Prerogative of Mercy
Source Language
EN
Criminal Law Constitutional Law Appellate Procedure Sentencing Law Repeal of Statute Quashing Convictions Restitution as Mitigation Abandonment and Reinstatement of Appeals +1 more

Case Brief

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Parties

THE QUEEN

Respondent/prosecution

Chu Cheuk Hong

Applicant/defendant

Siu Hai Ka and others

Applicants/defendants

Jacky Wong Chai Chung

Applicant/defendant

Procedural Posture

Criminal Appeal / Governor's Reference / Court of Appeal Judgment on References and Application to Reinstate Abandoned Appeal Against Sentence

Legal Issues

  1. 1 Whether convictions under s.30 Summary Offences Ordinance (Cap 228) post‑Bill of Rights should stand after A.G. v. Lee Kwong‑kut
  2. 2 Whether abandoned application for leave to appeal against sentence can be reinstated for exceptional circumstances or bad legal advice
  3. 3 Whether payments of restitution made before or after trial constitute mitigation of sentence

Ratio Decidendi

Convictions under s.30 Summary Offences Ordinance which had been rendered invalid by the Privy Council decision were to be quashed and sentences set aside; the application to treat abandonment of an appeal against sentence as a nullity was refused because the payments relied on did not constitute remorse and the exceptional standard required to reinstate an abandoned appeal was not met.

Court Disposition

Convictions under the repealed provision quashed and sentences set aside; application to reinstate abandoned appeal against sentence refused.

Orders

  • Convictions recorded against each person named in the two Governor's References are quashed.
  • Each sentence imposed in respect of those convictions is set aside.