HKSAR v. CHENG CHAK MING, BARTHOLOMEW

HKSAR v. CHENG CHAK MING, BARTHOLOMEW

The magistrate misapprehended critical facts (timing of charges) and failed to give due regard to the right to silence; therefore depriving the acquitted appellants of costs was not justified and the appeal is allowed with an order awarding costs to the appellants to be taxed.

Citation
HKSAR v. CHENG CHAK MING, BARTHOLOMEW
Parties
Respondent: HKSAR; 1st Appellant: Cheng Chak Ming, Bartholomew; 2nd Appellant: On-Line Systems (HK) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 January 2004
Case Number
HCMA1101/2003
Procedural Posture
Magistracy Appeal (costs) / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Right to Silence, Award of Costs to Acquitted Defendants, Misapprehension of Facts, Statutory Defence Under S.118(3) Copyright Ordinance, Appeal From Magistrate
Source Language
EN
Criminal Law Costs in Criminal Cases Constitutional Law Copyright Law Procedure Right to Silence Award of Costs to Acquitted Defendants Misapprehension of Facts +2 more

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Parties

HKSAR

Respondent

Cheng Chak Ming, Bartholomew

1st Appellant

On-Line Systems (HK) Limited

2nd Appellant

Procedural Posture

Magistracy Appeal (costs) / Judgment on Appeal

Legal Issues

  1. 1 Whether acquitted defendants should be awarded costs
  2. 2 Whether defendants' conduct during investigation and silence justified refusal to award costs
  3. 3 Whether magistrate misapprehended material facts (timing of charge) and erred in principle

Ratio Decidendi

The magistrate misapprehended critical facts (timing of charges) and failed to give due regard to the right to silence; therefore depriving the acquitted appellants of costs was not justified and the appeal is allowed with an order awarding costs to the appellants to be taxed.

Court Disposition

Appeal allowed

Orders

  • Appellants awarded their costs in the Magistrates Court; those costs to be taxed
  • Appellants awarded the costs of this appeal; those costs to be taxed