Hong Kong Case Law: Decisions & Judgments

Topic

Guilty plea voluntariness

Legal area

Court

14 Jul 2023

香港特別行政區訴杜敏儀

Citation

[2023] HKCFI 1812
Court

Court of First Instance
Case number

HCMA271/2021

The appeal is dismissed because the court found the appellant's guilty plea was voluntary and informed (she knew the likely outcomes from her duty lawyer), the CCTV and conduct showed active joint participation and dishonest intent (including misleading an animal volunteer), and the sentence of 4 months imprisonment suspended for 1 year was not manifestly excessive given the value of the dog and circumstances of the offence.
27 Jul 2020

香港特別行政區訴何振權

Citation

[2020] HKCFI 1703
Court

Court of First Instance
Case number

HCMA73/2020

The court found the appellant's allegations of being misled vague and unsupported, noted he refused duty counsel after a proper warning by the magistrate, concluded the plea was voluntary and informed, and held that the sentencing guideline mandates imprisonment (reduced to 15 months for plea) absent sufficient humanitarian reasons; the appellant's family circumstances were insufficient, therefore conviction and sentence are upheld.
31 Mar 2014

香港特別行政區訴陳清秀

Citation

香港特別行政區訴陳清秀
Court

Court of First Instance
Case number

HCMA440/2013

The guilty pleas were voluntary and made with legal advice and clear acceptance of facts, therefore not open to statutory challenge under s113; the sentencing judge took into account psychiatric reports, prior convictions and time on remand and imposed a lenient concurrent sentence which was not manifestly excessive, so both conviction and sentence are upheld.
2 Nov 2006

HKSAR v. TA DINH SON

Citation

HKSAR v. TA DINH SON
Court

Court of First Instance
Case number

HCMA884/2006

The unequivocal guilty plea supported by agreed brief facts and identification evidence meant nothing raised on appeal undermined its voluntariness or the factual basis; the original sentence was appropriate and not excessive, therefore the appeal is dismissed.
18 Nov 2003

HKSAR v. FUNG KWOK PAN

Citation

HKSAR v. FUNG KWOK PAN
Court

Court of First Instance
Case number

HCMA940/2003

The appeal was dismissed because the facts established robbery by threat, the magistrate properly assessed aggravation from the appellant's seven prior robbery convictions and applied a lawful starting point and plea discount, and the resulting 21-month sentence was not manifestly excessive or wrong in principle.
7 Jan 2002

HKSAR v. CHAN WAI FUN

Citation

HKSAR v. CHAN WAI FUN
Court

Court of First Instance
Case number

HCMA1002/2001

The court found the admitted facts (display of 1,600 infringing copies, the appellant's active invitation 'Choose more discs. Cheaper for you.', possession of the shop key and control) amounted to offering for sale under s.118(1)(e)(ii); the guilty plea was voluntary and informed because the appellant was present, heard the magistrate's inquiries, signed documents acknowledging the statutory defence and risk of imprisonment and had independent advice; and the sentence of six months (derived from a 12-month starting point with discounts) was not manifestly excessive given the scale of infringe…
2 Feb 1996

R. v. LEE CHIU LAM

Citation

R. v. LEE CHIU LAM
Court

Court of Appeal
Case number

CACC712/1995

The guilty plea was not a nullity because adoption of counsel's advice does not negate a voluntary and deliberate plea; the sentence imposed (ten months consecutive) was within proper judicial discretion and there was no basis to grant leave to appeal; both applications were refused.
13 Dec 1988

THE QUEEN v. NG KAM YIN

Citation

THE QUEEN v. NG KAM YIN
Court

Court of Appeal
Case number

CACC119/1988

Applicant's guilty pleas were voluntary and valid; the trial judge properly assessed the credibility of the victim and there was sufficient evidence to convict on the contested charges despite lack of corroboration; the aggregate sentence of five years was not manifestly excessive given the seriousness of the offences and the applicant's criminal history; leave to appeal against convictions and sentences is refused.