Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Nullity of convictions
  • 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.