7 May 2025
香港特別行政區 訴 周禹博
- Citation
- [2025] HKCFI 3656
- Court
- Court of First Instance
- Case number
- HCMA374/2024
The Court held that because the appellant had at hearings asserted not knowing he was overstaying and that he had been misled, and because he was unrepresented and was given remarks about possible leniency that could have influenced his decision, the magistrate ought to have exercised the discretion to allow withdrawal of the plea; the appeal succeeds and the conviction is set aside with the matter remitted to another magistrate to re‑hear the plea. The proposed new evidence was not admitted.