Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Remitter vs retrial
  • 28 May 2014

    HKSAR v. SHUM WAN FOON

    Citation
    HKSAR v. SHUM WAN FOON
    Court
    Court of Final Appeal
    Case number
    FACC7/2013

    A magistrate must inquire sufficiently into any application to reverse a guilty plea before sentencing; failure to do so is a departure from established legal norm and requires allowing the appeal and quashing the convictions. Ordinarily the matter should be remitted to the magistrate to inquire into the plea reversal, but an appellate court may exceptionally quash convictions without remitting where special circumstances (substantial delay, prejudice to fair trial, sentence already served, public interest) justify that course.