香港特別行政區 訴 黃淑珍

香港特別行政區 訴 黃淑珍

The court held that although the appellant's conviction was quashed, she had by her conduct and unexplained inconsistent communications (notably P10) brought suspicion upon herself and failed to dispel it during investigation and trial; accordingly trial costs were refused. However, the court found the appeal work...

Source-derived case information.

Citation
[2022] HKCA 335
Parties
First Appellant: WONG Shuk chun (黃淑珍); Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 February 2022
Case Number
CACC14/2020
Procedural Posture
Criminal Appeal / Costs Application After Appeal Determination
Outcome
Trial costs refused; bail application and appeal costs awarded including fees for two counsel; amount to be agreed between parties or assessed by the Registrar.
Legal Topics
Costs of Prosecution and Defence, Self Created Suspicion, Evidence and Disclosure, Appeal Procedure
Source Language
ct
Criminal Law Appeal Legal Costs Costs of Prosecution and Defence Self Created Suspicion Evidence and Disclosure Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

WONG Shuk chun (黃淑珍)

First Appellant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal / Costs Application After Appeal Determination

Legal Issues

  1. 1 Whether an appellant whose conviction is quashed is entitled to trial costs
  2. 2 Whether the appellant's conduct amounted to self-created suspicion barring an award of trial costs
  3. 3 What scope of counsel fees is reasonable for bail and appeal stages

Ratio Decidendi

The court held that although the appellant's conviction was quashed, she had by her conduct and unexplained inconsistent communications (notably P10) brought suspicion upon herself and failed to dispel it during investigation and trial; accordingly trial costs were refused. However, the court found the appeal work justified the engagement of two counsel and ordered bail application and appeal costs to be paid, amount to be agreed or assessed.

Court Disposition

Trial costs refused; bail application and appeal costs awarded including fees for two counsel; amount to be agreed between parties or assessed by the Registrar.

Orders

  • Applicant's application for trial costs refused.
  • Applicant awarded costs of the bail application and the appeal including fees for two counsel; quantum to be agreed between the parties or assessed by the Registrar.