7 Dec 1994
SIU HAI KA AND OTHERS v. R.
- Citation
- SIU HAI KA AND OTHERS v. R.
- Court
- Court of First Instance
- Case number
- HCMA1256/1994
Following the Privy Council decision that s30 had been repealed by the Bill of Rights Ordinance, convictions under s30 entered after that repeal must be quashed and sentences set aside; separately, an application to treat an abandoned appeal as a nullity will be refused absent exceptional circumstances and a fundamental mistake about the act of abandonment — the restitution payments did not demonstrate remorse and therefore did not justify reinstatement, so the application was refused and any sentence alteration lies with the prerogative of mercy.