NG HONG-CHAN v. THE QUEEN
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CACC000971/1976
| IN THE SUPREME COURT | |
| Criminal Appeal | |
| 1976 No. 971 |
| BETWEEN | ||
| NG Hong-chan | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Morley-John, J.
Date of Judgment: 13th October, 1976.
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JUDGMENT
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1. The appellant pleaded guilty to failing to conform to the indication given by a red traffic signal contrary to Regulations 8(c) and 20 of the Road Traffic (Roads and Signs) Regulations, Cap. 220. He was fined the sum of $60. The appellant has appealed against his conviction in this case and the grounds of his appeal are:
"At that time, I feared that there would be some hidden facts in favour of the traffic policeman and I felt that if I pleaded not guilty, I would be bound to lose and be fined a heavier sum, so I had to take the pain and pleaded guilty."
The appellant alleges that he pleaded guilty under duress. He wrote to His Excellency the Governor on the 22nd August complaining about duress on the part of the Crown as a result of which he received a letter from the Secretary for Security advising him that he should, if he wished pursue the matter further by appeal to the High Court, and that although the time limit to appeal had been past the Crown would not oppose any application for appeal made by the appellant.
2. At the outset of the hearing of this appeal counsel for the Crown informed me that certain inquiries had been made in connection with this case and whilst the Crown did not agree that any duress was employed to cause the appellant to plead guilty to the charge the Crown was of the opinion that as a result of inquiries the appellant may have believed in his own mind that he was under duress and under the circumstances the Crown would not oppose this appeal against conviction and counsel for the Crown suggested that the case be remitted for retrial before another magistrate. The appellant stated that he wished for a retrial of the case and I therefore allow this appeal and order that the case be remitted back for retrial before another magistrate. I also order that the fine of $60 which the appellant has already paid be remitted to the appellant.
(M. Morley-John, J.) | |
| High Court Judge. |
Representation:
The appellant in person.
Mr. T.M. Gall, for the Crown/respondent.