香港特別行政區 訴 湯美清

香港特別行政區 訴 湯美清

The Court of Appeal allowed the appeal against the costs order because the original judge failed to comply with statutory requirements and relevant authorities by not considering the appellant's means, not ensuring the costs would be compensatory and reasonable, and not giving the appellant an opportunity to...

Source-derived case information.

Citation
[2019] HKCA 478
Parties
Appellant: 湯美清 (Tong Mei Ching); Respondent: 香港特別行政區 (HKSAR)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 May 2019
Case Number
CACC303/2016
Procedural Posture
Criminal Appeal / Appeal to Court of Appeal Concerning Costs Order Following Dismissed Appellate Challenge to Conviction
Outcome
Appeal allowed in part; original costs order quashed; respondent ordered to pay appellant's costs of this appeal fixed at HK$2,500.
Legal Topics
Criminal Costs, Discretion to Award Costs, Ability to Pay, Procedural Fairness
Source Language
ch
Criminal Law Costs and Expenses Appellate Procedure Statutory Interpretation Criminal Costs Discretion to Award Costs Ability to Pay Procedural Fairness

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Parties

湯美清 (Tong Mei Ching)

Appellant

香港特別行政區 (HKSAR)

Respondent

Procedural Posture

Criminal Appeal / Appeal to Court of Appeal Concerning Costs Order Following Dismissed Appellate Challenge to Conviction

  1. 1 Whether the original judge lawfully exercised discretion to order appellant to pay prosecution costs without considering appellant's financial means
  2. 2 Whether the requirements of Cap.492 ss.13 and 15 and Cap.227 s.120 were followed when making a costs order
  3. 3 Whether appellant was given an opportunity to respond to a potential costs order

Ratio Decidendi

The Court of Appeal allowed the appeal against the costs order because the original judge failed to comply with statutory requirements and relevant authorities by not considering the appellant's means, not ensuring the costs would be compensatory and reasonable, and not giving the appellant an opportunity to respond; absent those considerations the costs order lacked sufficient basis and was quashed, with the Court of Appeal fixing costs of this appeal at HK$2,500 payable by the respondent.

Court Disposition

Appeal allowed in part; original costs order quashed; respondent ordered to pay appellant's costs of this appeal fixed at HK$2,500.

Orders

  • Quash the costs order made by the original judge
  • Respondent to pay the appellant's costs of this appeal fixed at HK$2,500