Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistrates ordinance s.119(d)

Legal area

Court

29 Nov 1971

WONG PING POR v. THE QUEEN

Citation

WONG PING POR v. THE QUEEN
Court

Court of Appeal
Case number

CACC705/1971

The judge did not decide definitively the legal question whether a finding or plea without explicit words records a conviction; instead, exercising s.119(d) powers the court set aside sentences, recorded convictions and reimposed equivalent sentences in the cases before it, and directed that magistrates should expressly use words such as "convict/convicted" to avoid ambiguity.
29 Nov 1971

LUI YUI v. THE QUEEN

Citation

LUI YUI v. THE QUEEN
Court

Court of Appeal
Case number

CACC711/1971

Acting ex abundante cautela under s.119(d) the court set aside the sentences, recorded convictions and reimposed sentences equivalent to the originals in the nine appeals because there were no other merits; the court declined to make a final determination on whether a plea or finding without explicit language constitutes recording of a conviction and gave guidance that magistrates should use explicit words such as 'convict' to avoid ambiguity.