29 Jan 2016
香港特別行政區 訴 鄭惠恒
- Citation
- 香港特別行政區 訴 鄭惠恒
- Court
- Court of Appeal
- Case number
- CACC71/2014
Applicant failed to prove the waiver was legally invalid because the evidence did not show he lacked understanding or was credibly misled about the nature and effect of the waiver; contemporaneous documents expressly recorded his understanding; reliance on a fellow prisoner is not convincing; delay and conduct undermined the claim. The Court has no inherent jurisdiction to reopen an abandoned appeal except via s.83P; inviting the Chief Executive to refer the case under s.83P is an executive discretion and will not be made by the Court absent very special circumstances, which were not establis…