27 Aug 2021
Because the appellant pleaded guilty unequivocally while legally represented and no fundamental mistake or other ground was identified to render those pleas nullities, the appeal against conviction must fail and is dismissed.
2 Jun 2020
Leave to appeal out of time was refused because the applicant entered an unequivocal guilty plea after being informed and represented, had ample opportunity to withdraw, the evidence of possession and admissions was strong, there was no satisfactory explanation for the delay and no basis under established authority to treat the plea as a nullity, therefore the conviction could not be shown to be unsafe or unsatisfactory.
30 Aug 2017
Extension of time to apply for leave to appeal against conviction was refused because the applicant did not provide a satisfactory explanation for the substantial delay and offered no arguable basis that her guilty plea was a nullity or that the conviction was unsafe; the plea was unequivocal, made with counsel, and contained an express admission of knowledge of the drugs.
28 Sept 2016
Leave to appeal against conviction out of time was refused because the applicant, who was legally represented when pleading guilty, made clear and unambiguous admissions in the Summary of Facts that amounted to the offence; no adequate or good reason was demonstrated for the substantial delay and no basis was shown to treat the plea as a nullity.
19 Oct 2015
The appellant's plea was voluntary, unequivocal and admitted the facts; no fundamental mistake or nullifying circumstance under section 113 was demonstrated; the related magistrates' decision did not undermine the conviction; the appellant's absence was treated as abandonment; therefore the appeal is dismissed.
5 Sept 2000
Because the appellant entered an unequivocal guilty plea to a valid charge and the admitted facts supported the charge, the Court could not entertain the appeal under s.113; late-produced evidence and assertions of confusion did not establish that the plea was a nullity or equivocal, therefore the conviction must stand.
23 Aug 2000
The application for leave to appeal out of time was dismissed because the appellant's guilty plea was unequivocal and supported by the facts he admitted, he did not fall within any category rendering a plea a nullity under the authoritative test from HKSAR v. Wong Chi Yuk, and even if his late assertion of lawful entry were true it would not provide an arguable ground of appeal.
16 Jun 1999
On the admitted facts the appellant could lawfully have been convicted because credit card debit balances/available credit are choses in action and therefore property capable of being stolen under the Theft Ordinance; consequently the appellant's guilty pleas were not nullities and section 113 does not permit the appeal, so the appeal is dismissed for want of jurisdiction.
7 Sept 1992
Where the admitted facts do not support the elements of the charged offence, a recorded plea of guilty is a nullity; the court may quash convictions and entertain appeal on that basis and the magistrate should not accept guilty pleas without ensuring the facts support the charge.