Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to appeal under magistrates ordinance s113
  • 22 Apr 2020

    香港特別行政區 訴 DEWI AISYAH

    Citation
    [2020] HKCFI 405
    Court
    Court of First Instance
    Case number
    HCMA294/2019

    The court held the appellant had no right to appeal her conviction because she entered a clear, informed guilty plea made with legal representation and interpreter; there was no evidence the plea was invalid under Wong Chi Yuk nor any exceptional circumstances under Chan Tsz-ho, and alternatively the conviction was safe, so the appeal is dismissed and the conviction confirmed.

    • Overstaying
    • Guilty plea
    • Right to appeal under magistrates ordinance s113
    • Setting aside plea
    • Non-refoulement/protection proceedings