HKSAR v. CHEN KEEN (alias JACK CHEN) AND OTHERS

HKSAR v. CHEN KEEN (alias JACK CHEN) AND OTHERS

Section 4 of the Costs in Criminal Cases Ordinance confers jurisdiction to award costs where a defendant 'is not tried' for an offence, which includes situations where a jury is discharged during an ongoing trial and no verdict is reached; s17 did not apply because the impugned questioning was not unnecessary or...

Source-derived case information.

Citation
[2021] HKCFI 2308
Parties
Prosecution: HKSAR; 1st Accused: CHEN KEEN (alias JACK CHEN); 2nd Accused: HAO MAY (formerly WANG MAY YAN; alias MAY WANG); 3rd Accused: YEE WENJIE (also known as YU WENJIE; alias ERIC YEE)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 August 2021
Case Number
HCCC309/2019
Procedural Posture
Criminal Trial / Costs Application After Jury Discharge and Order for Retrial
Outcome
Accused awarded costs of the retrial; prosecution not ordered to pay under s17; tentative order issued subject to 14-day submissions.
Legal Topics
Costs in Criminal Cases, Statutory Construction, Section 4 Costs in Criminal Cases Ordinance, Section 17 Costs in Criminal Cases Ordinance, Jury Discharge, Retrial
Source Language
en
Criminal Law Costs Law Procedural Law Evidence Law Costs in Criminal Cases Statutory Construction Section 4 Costs in Criminal Cases Ordinance Section 17 Costs in Criminal Cases Ordinance +2 more

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Parties

HKSAR

Prosecution

CHEN KEEN (alias JACK CHEN)

1st Accused

HAO MAY (formerly WANG MAY YAN; alias MAY WANG)

2nd Accused

YEE WENJIE (also known as YU WENJIE; alias ERIC YEE)

3rd Accused

Procedural Posture

Criminal Trial / Costs Application After Jury Discharge and Order for Retrial

Legal Issues

  1. 1 Whether Court has jurisdiction under s4 Costs in Criminal Cases Ordinance to award costs where jury discharged during trial and indictment unfulfilled
  2. 2 Whether s17 provides alternative basis for costs for unnecessary or improper acts during trial
  3. 3 Proper statutory construction (purposive) of the Ordinance and relationship with s15(a) compensatory principle

Ratio Decidendi

Section 4 of the Costs in Criminal Cases Ordinance confers jurisdiction to award costs where a defendant 'is not tried' for an offence, which includes situations where a jury is discharged during an ongoing trial and no verdict is reached; s17 did not apply because the impugned questioning was not unnecessary or improper; exercising the discretion under s4 on compensatory grounds, the court awarded the accused their costs of the retrial (including the costs application), to be taxed if not agreed, with a certificate for two counsel, subject to submissions within 14 days.

Court Disposition

Accused awarded costs of the retrial; prosecution not ordered to pay under s17; tentative order issued subject to 14-day submissions.

Orders

  • The accused are to have their costs of the retrial including the costs of the costs application, such costs to be taxed if not agreed
  • Certificate for two counsel