Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Plea nullity
  • 30 Jul 1999

    HKSAR v. HUI CHUN MAN

    Citation
    HKSAR v. HUI CHUN MAN
    Court
    Court of First Instance
    Case number
    HCMA1229/1998

    The appellant's guilty plea to Charge 3 was a nullity because he pleaded under a misunderstanding of law about an essential element (unlawful entry); therefore the court had jurisdiction under S.113 to hear the appeal, reversed and quashed the conviction on Charge 3, and, exercising powers under S.119(1)(d), substituted a conviction for breach of condition of stay (S.41 Immigration Ordinance) and set aside the 15‑month sentence, with further sentencing to follow.