HKSAR v. LEE TSANG KONG

HKSAR v. LEE TSANG KONG

The accused was entitled to costs because there was no evidence his conduct during the investigation or trial brought suspicion on him; the jury acquitted him and the court would not second‑guess that verdict, therefore costs of the original trial and retrial were 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
HCCC232/2001
Procedural Posture
Criminal (indictment for Conspiracy to Defraud) / Post Trial Ruling on Costs Following Retrial and Acquittal
Outcome
Accused acquitted by jury (majority 5:2) and awarded costs of original trial and present trial.
Legal Topics
Acquittal, Costs of Defence, Conspiracy to Defraud, Jury Discharge, Retrial
Source Language
EN
Criminal Law Costs Criminal Procedure Acquittal Costs of Defence Conspiracy to Defraud Jury Discharge Retrial

Case Brief

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Parties

HKSAR

Prosecution

Lee Tsang Kong

Accused

Procedural Posture

Criminal (indictment for Conspiracy to Defraud) / Post Trial Ruling on Costs Following Retrial and Acquittal

Legal Issues

  1. 1 Whether a successful defendant is entitled to costs after acquittal
  2. 2 Application of the R v Kwok Moon Yan criteria to deny costs
  3. 3 Whether the accused's conduct brought suspicion on himself or misled the prosecution

Ratio Decidendi

The accused was entitled to costs because there was no evidence his conduct during the investigation or trial brought suspicion on him; the jury acquitted him and the court would not second‑guess that verdict, therefore costs of the original trial and retrial were awarded and to be taxed if not agreed.

Court Disposition

Accused acquitted by jury (majority 5:2) and awarded costs of original trial and present trial.

Orders

  • Accused awarded costs of his defence at the original trial (including 58 days of trial and the hearing on 17 September 2002) and at the present trial
  • Costs to be taxed if not agreed