HKSAR v. TJON KENNETH LIE SIN AND ANOTHER

HKSAR v. TJON KENNETH LIE SIN AND ANOTHER

The court exercised its discretion under the Costs in Criminal Cases Ordinance and the Magistrates Ordinance and denied trial costs because A1's admissions and conduct brought suspicion upon himself and A2 and misled the prosecution; however the court awarded the costs of the allowed appeal and the costs of A1's bail application pending appeal, with amounts to be agreed or taxed; no costs awarded for the present application.

Citation
HKSAR v. TJON KENNETH LIE SIN AND ANOTHER
Parties
Respondent: HKSAR; First Appellant: TJON Kenneth Lie Sin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 December 2013
Case Number
HCMA492/2011
Procedural Posture
Criminal Appeal (magistracy Appeal) / Post‑appeal Costs Application After Convictions and Sentences Set Aside
Outcome
Partial costs awarded: trial costs denied; appeal and bail application costs awarded; costs of application for costs denied.
Legal Topics
Costs, Appeal, Trade Mark Infringement, Forfeiture and Counterfeit Goods
Source Language
EN
Criminal Law Intellectual Property Law Procedure and Costs Costs Appeal Trade Mark Infringement Forfeiture and Counterfeit Goods

Case Brief

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Parties

HKSAR

Respondent

TJON Kenneth Lie Sin

First Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Post‑appeal Costs Application After Convictions and Sentences Set Aside

Legal Issues

  1. 1 Whether acquitted appellants are ordinarily entitled to costs of the trial
  2. 2 Whether appellants brought suspicion upon themselves such that costs should be denied
  3. 3 Whether costs of the appeal and bail pending appeal should be awarded

Ratio Decidendi

The court exercised its discretion under the Costs in Criminal Cases Ordinance and the Magistrates Ordinance and denied trial costs because A1's admissions and conduct brought suspicion upon himself and A2 and misled the prosecution; however the court awarded the costs of the allowed appeal and the costs of A1's bail application pending appeal, with amounts to be agreed or taxed; no costs awarded for the present application.

Court Disposition

Partial costs awarded: trial costs denied; appeal and bail application costs awarded; costs of application for costs denied.

Orders

  • No costs awarded to the appellants in respect of the trial in the Magistrates' Court.
  • Appellants to be paid the costs of the appeal in a sum to be agreed or, if not agreed, to be taxed.