Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 18E

Plea of guilty by letter

(Past version on 30/06/1997).

(1) Subject to subsection (3), the defendant may, in the case of an offence
specified in the Third Schedule, plead guilty by letter addressed to the
magistrate, and thereupon the magistrate may-

   (a)  proceed to hear and determine the case in the absence of the defendant
        in like manner as if the defendant had appeared before him and pleaded
        guilty: Provided that the magistrate shall not impose any fine
        exceeding $2000 or any term of imprisonment; or (Amended 51 of 1981 s.
        2)

   (b)  adjourn the hearing for the purpose of dealing with the complaint or
        information as if such letter had not been received.

(2) In every case where the defendant may plead guilty by letter, the summons
shall contain a footnote or endorsement drawing attention to that fact.

(3) Where-

   (a)  a complaint or information is in respect of an offence under
        section 41(1) of the Road Traffic Ordinance ( Cap 374); and

   (b)  if the defendant is convicted of the offence on the basis that the
        complaint or information is true, the conviction will be one to which
        section 41(3) of that Ordinance applies, a summons in respect of that
        offence shall be endorsed to the effect that the defendant may not
        plead guilty by letter, and in such a case the provisions of this
        section shall thereupon cease to apply. (Replaced 50 of 2000 s. 5)

(4) The Legislative Council may by resolution amend the Third Schedule. (Added
36 of 1976 s. 5)