Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mistranslation of plea
  • 16 Aug 2013

    HKSAR v. SHAHID

    Citation
    HKSAR v. SHAHID
    Court
    Court of First Instance
    Case number
    HCMA168/2013

    Charge 1 was defective as pleaded at arraignment because it omitted the essential mens rea element of intending to induce belief, so the guilty plea to that defective charge was a nullity; Charge 2 was mistranslated such that the element of inducing belief was not put and the standard of interpretation fell below constitutional requirements, rendering that plea a nullity; consequently both convictions quashed and sentences set aside.