THE QUEEN v. LAI KAM KWAN AND ANOTHER

THE QUEEN v. LAI KAM KWAN AND ANOTHER

The court found it more likely than not that the Customs inspector made statements about penalties and return of tapes which could have influenced the appellants; because the pleas may have been induced, the interests of justice required setting aside the guilty pleas, returning fines and ordering a trial de novo before another magistrate.

Citation
THE QUEEN v. LAI KAM KWAN AND ANOTHER
Parties
Respondent: THE QUEEN; 1st Appellant: LAI KAM KWAN; 2nd Appellant: CHAN CHEUK WAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 February 1991
Case Number
HCMA1588/1990
Procedural Posture
Magistracy Appeal (criminal) / Appeal Judgment
Outcome
Pleas of guilty set aside; fines returned; trial de novo ordered before another magistrate.
Legal Topics
Setting Aside Guilty Plea, Inducement/misrepresentation by Investigating Officer, Return of Property, Bail, Trial De Novo
Source Language
EN
Criminal Law Procedural Law Evidence Copyright Law Customs and Excise Setting Aside Guilty Plea Inducement/misrepresentation by Investigating Officer Return of Property +2 more

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Parties

THE QUEEN

Respondent

LAI KAM KWAN

1st Appellant

CHAN CHEUK WAI

2nd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal Judgment

Legal Issues

  1. 1 Whether pleas of guilty were induced by statements of a Customs officer
  2. 2 Whether the magistrate erred in refusing to set aside the pleas
  3. 3 Whether a trial de novo is the appropriate remedy

Ratio Decidendi

The court found it more likely than not that the Customs inspector made statements about penalties and return of tapes which could have influenced the appellants; because the pleas may have been induced, the interests of justice required setting aside the guilty pleas, returning fines and ordering a trial de novo before another magistrate.

Court Disposition

Pleas of guilty set aside; fines returned; trial de novo ordered before another magistrate.

Orders

  • Pleas of guilty set aside
  • Fines returned to the appellants