2 Jan 2004
The admitted factual basis did not amount to the offence of conspiracy to defraud because the concealment of an antecedent agreement to assign the tenancy did not amount to misrepresentation or dishonest conduct under the applicable tests; therefore the guilty plea was a nullity and the conviction and sentence were quashed and set aside.
23 Dec 1999
The appellant's plea to the charge of remaining in Hong Kong after unlawful landing was a nullity because he did not understand unlawful landing was an essential element and documentary evidence (Macau passport and ID) established he entered legally and merely overstayed; therefore the conviction on that charge was quashed and, exercising jurisdiction under s.113, the court substituted a conviction for breach of condition of stay under s.41 and adjusted sentences, producing a total effective sentence of nine months' imprisonment.
22 Sept 1999
The appellant's guilty plea was a deliberate and informed act, not a nullity; accordingly section 113(1) barred an appeal following that plea and this court lacked jurisdiction to entertain the appeal under s113(1), so the appeal is dismissed.