HKSAR v. LEE TSANG KONG

HKSAR v. LEE TSANG KONG

The accused was entitled to costs because there was no evidence his conduct during investigation or trial brought suspicion or misled the prosecution; he elected to remain silent and call no witnesses, and the judge must not second‑guess the jury's acquittal. Accordingly costs of both the original trial (including 58 days and the 17 September 2002 hearing) and the retrial are awarded and to be taxed if not agreed.

Citation
HKSAR v. LEE TSANG KONG
Parties
Prosecution: HKSAR; Accused: Lee Tsang Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2003
Case Number
HCCC169/2001
Procedural Posture
Criminal / Costs Application Following Acquittal
Outcome
Costs awarded to the accused for both the original trial and the retrial.
Legal Topics
Acquittal, Costs of Defence, Conduct of Accused, Application for Costs
Source Language
EN
Criminal Law Criminal Procedure Costs Acquittal Costs of Defence Conduct of Accused Application for Costs

Case Brief

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Parties

HKSAR

Prosecution

Lee Tsang Kong

Accused

Procedural Posture

Criminal / Costs Application Following Acquittal

Legal Issues

  1. 1 Whether an acquitted defendant is entitled to costs of original trial and retrial
  2. 2 Whether the accused's conduct brought suspicion on him or misled the prosecution under R v Kwok Moon Yan
  3. 3 Proper approach to assess conduct in light of jury acquittal and Tong Cun Lin guidance

Ratio Decidendi

The accused was entitled to costs because there was no evidence his conduct during investigation or trial brought suspicion or misled the prosecution; he elected to remain silent and call no witnesses, and the judge must not second‑guess the jury's acquittal. Accordingly costs of both the original trial (including 58 days and the 17 September 2002 hearing) and the retrial are awarded and to be taxed if not agreed.

Court Disposition

Costs awarded to the accused for both the original trial and the retrial.

Orders

  • Award costs of the defence for the original trial including 58 days of trial and the 17 September 2002 hearing
  • Award costs of the defence for the retrial