Reading Time: 1 minutes在某些罕见情况下,被告人虽然有代表律师,但在作出认罪答辩前未获其律师提供适当意见(或被告人并无代表律师),则被告人可能需要以认罪答辩含糊为由,申请推翻其答辩。在最近HKSAR v Chan Chi Ho Lincoln [2018] HKCFA 64一案中,终审法院澄清了规管法院就被告人申请推翻认罪答辩而行使酌情权的原则。
Hong Kong Regional Update: A second chance – principles governing the reversal of a guilty plea
Reading Time: 4 minutesIntroduction In some rare scenarios where a defendant is legally represented but is not properly advised by his legal representatives before making a guilty plea (or a defendant is unrepresented), the defendant may find himself in need of making an application to reverse his plea on the ground that when the guilty plea was made, […]