Hong Kong Case Law: Decisions & Judgments

Topic

Autrefois convict

Legal area

Court

17 Feb 1998

CHEN CHONG GUI v. SENIOR SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE

Citation

CHEN CHONG GUI v. SENIOR SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE
Court

Court of Appeal
Case number

CACV233/1997

The Court affirmed that under the statutory scheme governing extradition (Schedule 1 to the Extradition Act 1989 as applied to Hong Kong) a magistrate does not have jurisdiction at the committal stage of extradition proceedings to hear and determine a plea of autrefois convict; s.31 CPO does not expand committal powers to include such pleas and the appropriate safeguard against double jeopardy lies with the executive (Secretary of State/Governor) and, where appropriate, by habeas corpus or judicial review.
28 Apr 1976

LEUNG FUK LAM v. THE QUEEN

Citation

LEUNG FUK LAM v. THE QUEEN
Court

Court of Appeal
Case number

CACC363/1976

It is incorrect practice for a magistrate to sentence on only one offence and take other guilty pleas into consideration because a plea of guilty is not a conviction until sentence; therefore the court must sentence on each relevant count (or otherwise clarify) to protect the accused's position and the integrity of autrefois convict. The appropriate remedy is to set aside the original sentence and impose sentences on the individual counts producing the same overall custody but ensuring convictions are effective and clear.
29 Sept 1971

CHAN KAM SANG v. THE QUEEN

Citation

CHAN KAM SANG v. THE QUEEN
Court

Court of Appeal
Case number

CACC473/1971

Magistrate erred in treating charges 4 and 5 as taken into consideration despite the appellant's guilty pleas; where guilty pleas are entered the offender should be sentenced on those offences, but to avoid extending actual custody the court ordered concurrent sentences of three months on each of the 4th and 5th charges to run concurrently with the six months imposed on the first charge.

Hong Kong Case Law

CHEN CHONG GUI v. SENIOR SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE

LEUNG FUK LAM v. THE QUEEN

CHAN KAM SANG v. THE QUEEN