Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consent to prosecution

  • 17 Mar 1994

    CHAN CHAK FAN AND ANOTHER v. R

    Citation
    CHAN CHAK FAN AND ANOTHER v. R
    Court
    Court of Appeal
    Case number
    CACC328/1993

    The presumption in s37K(1) is constitutionally valid when construed to require that it appear more likely than not that a person is an unauthorized entrant; on the facts the appellants' boats entered Hong Kong and the passengers were unauthorized entrants (the Chinese certificates were not exit permits); the confessional evidence was properly admitted as voluntary; consents given for s37C(1)(a) prosecutions suffice for substituted s37D(1)(a) convictions and appellate substitution under s51(2)/s83A is available where appropriate; accordingly the appeals are dismissed and the s37C(1)(a) convict…

  • 17 Jul 1993

    In re Tse Sun Miu

    Citation
    In re Tse Sun Miu
    Court
    Court of Appeal
    Case number
    CACV90/1993

    The Court held that the Court of Appeal has jurisdiction to quash convictions and set aside sentences that are null and void for want of jurisdiction, that an applicant may seek habeas corpus and judicial review but the High Court may, in the exercise of its discretion, leave a detainee to pursue a criminal appeal when that course better serves the interests of justice and the detainee; applying that test, the Court dismissed the appeals and left the applicant to pursue his criminal appeal.