香港特別行政區 訴 何玉清

香港特別行政區 訴 何玉清

Although the appeal succeeded in reducing the monetary penalty, the court exercised its discretion under Cap 492 s.8(b) and refused to award costs because the appellant (through his counsel at the review) failed to place his financial circumstances before the magistrate, making the appeal avoidable and disentitling...

Source-derived case information.

Citation
[2024] HKCFI 2183
Parties
Respondent: 香港特別行政區; Appellant: 何玉清
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2024
Case Number
HCMA335/2023
Procedural Posture
Criminal Appeal / Costs Application
Outcome
Appeal allowed in part (fine reduced to HK$25,000; suspended sentence maintained); costs application dismissed and no costs awarded to appellant.
Legal Topics
Sentencing, Appeal Against Sentence, Legal Costs, Judicial Discretion
Source Language
ch
Criminal Law Procedure Costs Sentencing Appeal Against Sentence Legal Costs Judicial Discretion

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

香港特別行政區

Respondent

何玉清

Appellant

Procedural Posture

Criminal Appeal / Costs Application

Legal Issues

  1. 1 Whether appellant is entitled to costs after successful appeal reducing fine
  2. 2 Proper exercise of discretion under Criminal Case Costs Ordinance Cap 492 s8(b)
  3. 3 Effect of failure by appellant's counsel to present appellant's financial circumstances at earlier review hearing

Ratio Decidendi

Although the appeal succeeded in reducing the monetary penalty, the court exercised its discretion under Cap 492 s.8(b) and refused to award costs because the appellant (through his counsel at the review) failed to place his financial circumstances before the magistrate, making the appeal avoidable and disentitling him to costs in the circumstances.

Court Disposition

Appeal allowed in part (fine reduced to HK$25,000; suspended sentence maintained); costs application dismissed and no costs awarded to appellant.

Orders

  • Appeal allowed in part: original fine set aside and substituted with a fine of HK$25,000; suspended sentence maintained.
  • Appellant's application for costs dismissed; no order as to costs in favour of the appellant.