9 Jun 1989
THE QUEEN v. FUNG WAI-CHUNG
- Citation
- THE QUEEN v. FUNG WAI-CHUNG
- Court
- Court of First Instance
- Case number
- HCMA94/1989
Where a defendant, including an unrepresented defendant, offers a plea to a lesser offence which the prosecution does not accept, that offer does not constitute an admission under section 65C; the defendant remains entitled to deny the alleged facts and to cross-examine on possession. The magistrate erred in treating the unaccepted plea as an admission and in disallowing cross-examination; conviction must be quashed and retrial ordered.