Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Immigration ordinance s.38(1)(b)

Legal area

Court

30 Sept 2009

HKSAR v. ATTAULLAH, KHAN AND ANOTHER

Citation

HKSAR v. ATTAULLAH, KHAN AND ANOTHER
Court

Court of First Instance
Case number

HCMA609/2009

The Court dismissed the appeal and affirmed the 15 month sentence because the magistrate reasonably treated the guilty plea as the sole mitigation, found no exceptional humanitarian grounds, regarded the appellant's subsequently raised fear claims as lacking credibility, and concluded there was no basis for appellate interference.
5 Sept 2000

HKSAR v. MA MAN HUNG @ CHEUNG CHUN WAI

Citation

HKSAR v. MA MAN HUNG @ CHEUNG CHUN WAI
Court

Court of First Instance
Case number

HCMA606/2000

Because the appellant entered an unequivocal guilty plea to a valid charge and the admitted facts supported the charge, the Court could not entertain the appeal under s.113; late-produced evidence and assertions of confusion did not establish that the plea was a nullity or equivocal, therefore the conviction must stand.