HKSAR v. TAM LAP FAI

HKSAR v. TAM LAP FAI

Costs application refused: although the successful appellant is normally awarded costs, the court exercised its discretion to refuse costs because the appellant admitted the underlying offence, displayed disrespectful conduct to police during investigation, and effectively conceded in respect of Charge 1, making the...

Source-derived case information.

Citation
HKSAR v. TAM LAP FAI
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2004
Case Number
HCMA835/2003
Procedural Posture
Criminal Appeal / Costs Application (ruling)
Outcome
Application for costs refused
Legal Topics
Costs of Appeal, Judicial Discretion, Conduct of Appellant, Conviction
Source Language
en
Criminal Law Costs Law Road Traffic Law Costs of Appeal Judicial Discretion Conduct of Appellant Conviction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Costs Application (ruling)

Legal Issues

  1. 1 Whether a successful appellant should be awarded costs as a rule
  2. 2 Whether appellant's conduct during investigation and his behaviour disentitles him to costs
  3. 3 Whether partial withdrawal of appeal affects entitlement to costs

Ratio Decidendi

Costs application refused: although the successful appellant is normally awarded costs, the court exercised its discretion to refuse costs because the appellant admitted the underlying offence, displayed disrespectful conduct to police during investigation, and effectively conceded in respect of Charge 1, making the case inappropriate for an award of costs.

Court Disposition

Application for costs refused

Orders

  • Costs application refused