Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedure for unrepresented accused

Legal area

Court

23 Mar 1988

THE QUEEN v. LEUNG YEE KEUNG

Citation

THE QUEEN v. LEUNG YEE KEUNG
Court

Court of First Instance
Case number

HCMA116/1988

When an accused is unrepresented and a substantial fine is contemplated, the magistrate has a duty to ensure the fine is within the accused's means; failure to inquire where the fine appears beyond means renders the sentence unsafe and justifies reduction.
29 Aug 1974

LEUNG MUK-YAU @ CHUNG LI-CHUEN v. THE QUEEN

Citation

LEUNG MUK-YAU @ CHUNG LI-CHUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC501/1974

It was procedurally incorrect to invite admissions of fact from an unrepresented accused who had pleaded not guilty; where the accused admits only possession the magistrate must either convict of the lesser offence or proceed to hear prosecution evidence, and because the procedure in this case was improper the conviction for possession for the purpose of unlawful trafficking was quashed and substituted with a conviction for simple unlawful possession with an appropriate sentence.