HKSAR v. Mathew Biju

HCMA 74/2020

[2020] HKCFI 2583

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 74 OF 2020

(ON APPEAL FROM TMCC 207/2020)

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J U D G M E N T

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1.This is an appeal against conviction made by the appellant in this case who was convicted on his own guilty plea to one count of common assault.

2.The facts are that he had assaulted his wife over a dispute over money in their home.  He slapped the victim’s face once and hit her on her forehead.  The appellant was arrested a few days later when he surrendered to the police, so this fact was before the learned magistrate when the appellant pleaded guilty.  He was given the assistance of a Hindi interpreter.  He was represented by a duty lawyer.  It is clear from the transcript and also from the learned magistrate’s Statement of Findings that the charge was properly put to him, the facts were read to him to which he agreed and admitted and he was properly convicted.  It was an unequivocal plea and the appellant this morning came to court with reasons why he pleaded guilty, he said he was coerced.  He said his wife had withdrawn the allegations against him and did not want to proceed and that his friends told him various things.

3.Now, it is clear from what he said that he was under no illusion when the charge was put to him that he had pleaded guilty, the facts were read to him and he admitted to them, and he did not come under any of the conditions in HKSAR v Wong Chi Yuk [2000] 3 HKLRD 125 which would render this unequivocal plea a nullity, so his appeal is therefore dismissed.

Mr Ng Wing Kit PP, of the Department of Justice, for the respondent

The appellant appeared in person