香港特別行政區 訴 輝固土力工程有限公司

香港特別行政區 訴 輝固土力工程有限公司

The court found the appellant's statements under caution, viewed in context, did not constitute an admission of culpability or an act that misled the prosecution; because the appeal was allowed and there were no special circumstances to refuse costs, the appellant is entitled to costs of the trial and the appeal,...

Source-derived case information.

Citation
香港特別行政區 訴 輝固土力工程有限公司
Parties
Respondent: 香港特別行政區; Appellant: 輝固土力工程有限公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2013
Case Number
HCMA110/2012
Procedural Posture
Conviction Appeal / Post Appeal Costs Application
Outcome
Appeal previously allowed; costs awarded to appellant for both trial and appeal
Legal Topics
Appeal Against Conviction, Costs of Prosecution and Defence, Admissions Under Caution
Source Language
ch
Criminal Law Regulatory Offences Costs and Taxation Appeal Against Conviction Costs of Prosecution and Defence Admissions Under Caution

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Parties

香港特別行政區

Respondent

輝固土力工程有限公司

Appellant

Procedural Posture

Conviction Appeal / Post Appeal Costs Application

  1. 1 Whether admissions made under caution amounted to an admission of guilt or misled the prosecution
  2. 2 Whether the successful appellant is entitled to costs of the trial and the appeal
  3. 3 Whether any special circumstances justify refusing costs

Ratio Decidendi

The court found the appellant's statements under caution, viewed in context, did not constitute an admission of culpability or an act that misled the prosecution; because the appeal was allowed and there were no special circumstances to refuse costs, the appellant is entitled to costs of the trial and the appeal, with any dispute as to quantum to be resolved by taxation by the Master.

Court Disposition

Appeal previously allowed; costs awarded to appellant for both trial and appeal

Orders

  • Appellant awarded costs of the trial
  • Appellant awarded costs of the appeal hearing