Tommy Berry's chances of a third Magic Millions Classic win hinge on the outcome of an appeal over a Hong Kong suspension to be heard on Wednesday.

Berry is fighting the severity of a 10-meeting ban for not riding one of his mounts to the line at last Sunday's International meeting at Sha Tin.

His suspension is based on Hong Kong meetings and as it stands he won't be free to return until January 16, five days after the Magic Millions in which he wants to ride equal favourite Echo Gal.

Chris Munce will ride the Gai Waterhouse-trained filly in her Magic Millions lead-up, the Bruce McLachlan Stakes on December 28.

Berry rode at Saturday's Villiers meeting at Randwick and has now begun his suspension.

His appeal will be heard by teleconference.

Berry won the 2011 Magic Millions on Karuta Queen and backed up the following year on Driefontein.