香港特別行政區 訴 機場保安有限公司

香港特別行政區 訴 機場保安有限公司

Where an appellant succeeds in quashing a conviction on merits rather than on technicality and there are no positive reasons to refuse costs, the court will order costs to follow the result covering appeal costs and reasonable trial costs; if parties cannot agree on quantum, remit to assessment officer.

Source-derived case information.

Citation
[2022] HKCFI 97
Parties
Respondent: 香港特別行政區; Appellant: 機場保安有限公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2022
Case Number
HCMA52/2021
Procedural Posture
Criminal Appeal Against Conviction / Judgment on Appeal and Costs (post‑appeal Costs Order)
Outcome
Appeal allowed; conviction quashed; costs awarded to appellant
Legal Topics
Appeal Against Conviction, Court Costs, Presumption of Innocence, Assessment of Costs
Source Language
ch
Criminal Law Civil Procedure Costs Appeal Against Conviction Court Costs Presumption of Innocence Assessment of Costs

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Parties

香港特別行政區

Respondent

機場保安有限公司

Appellant

Procedural Posture

Criminal Appeal Against Conviction / Judgment on Appeal and Costs (post‑appeal Costs Order)

  1. 1 Whether the successful appellant is entitled to costs of the appeal and of the trial
  2. 2 Whether the acquittal was on technical grounds or on merits and effect on costs entitlement
  3. 3 Whether there are positive reasons to refuse or reduce costs despite acquittal

Ratio Decidendi

Where an appellant succeeds in quashing a conviction on merits rather than on technicality and there are no positive reasons to refuse costs, the court will order costs to follow the result covering appeal costs and reasonable trial costs; if parties cannot agree on quantum, remit to assessment officer.

Court Disposition

Appeal allowed; conviction quashed; costs awarded to appellant

Orders

  • Appellant's applications for costs in respect of the appeal (with counsel's certificate), the trial (with counsel's certificate) and all attendances are granted
  • If parties cannot agree on the amount of costs, the matter is referred to an assessment officer (聆案官)for taxation/assessment