Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unrepresented defendant rights

Legal area

Court

5 May 1983

THE QUEEN v. SIU YEUNG-LUNG

Citation

THE QUEEN v. SIU YEUNG-LUNG
Court

Court of Appeal
Case number

CACC444/1983

The conviction was quashed and a retrial ordered because the magistrate failed to inform the unrepresented appellant of his right to make a final speech before conviction and a speech in mitigation after conviction, omissions which are serious and undermine the validity of the conviction.
9 Mar 1976

LAM KWOK-HING AND ANOTHER v. THE QUEEN

Citation

LAM KWOK-HING AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC199/1976

The appeal fails because the alleged contradictions were minor or not before the magistrate, the magistrate properly relied on witness demeanour and credibility findings, there is no duty to specifically advise an unrepresented defendant to call a co-defendant as witness, and the omission to record an offer of re-examination/address did not prejudice the appellant; accordingly the conviction is upheld.