HKSAR v. LCMB

HKSAR v. LCMB

The court exercised its discretion in favour of the acquitted defendant and ordered that he be awarded his costs of the proceedings from the Kwun Tong Magistracy including the preliminary inquiry; the court declined to deprive the defendant of costs on the grounds advanced by the prosecution (including in relation...

Source-derived case information.

Citation
[2023] HKCFI 692
Parties
Prosecution: HKSAR; Defendant: lcmb
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 March 2023
Case Number
HCCC8/2022
Procedural Posture
Criminal / Costs Application After Acquittal
Outcome
Defendant awarded costs of proceedings from the Kwun Tong Magistracy (including the preliminary inquiry); application to stay/quash dismissed
Legal Topics
Costs of Criminal Proceedings, Acquittal, Stay of Proceedings, Preliminary Inquiry, Abuse of Process, Alibi Evidence
Source Language
en
Criminal Law Costs Costs of Criminal Proceedings Acquittal Stay of Proceedings Preliminary Inquiry Abuse of Process Alibi Evidence

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Parties

HKSAR

Prosecution

lcmb

Defendant

Procedural Posture

Criminal / Costs Application After Acquittal

Legal Issues

  1. 1 Whether a defendant acquitted by a jury is entitled to costs from the Magistracy stage
  2. 2 Whether the defendant should be deprived of costs because of his conduct
  3. 3 Whether costs relating to the preliminary inquiry should be awarded

Ratio Decidendi

The court exercised its discretion in favour of the acquitted defendant and ordered that he be awarded his costs of the proceedings from the Kwun Tong Magistracy including the preliminary inquiry; the court declined to deprive the defendant of costs on the grounds advanced by the prosecution (including in relation to alibi notice and the stay/quash application) because the defendant's conduct did not justify deprivation and the prosecution's complaints did not establish serious prejudice or abuse warranting denial of costs.

Court Disposition

Defendant awarded costs of proceedings from the Kwun Tong Magistracy (including the preliminary inquiry); application to stay/quash dismissed

Orders

  • Defendant is to be awarded his costs of the proceedings from the Kwun Tong Magistracy, including costs of the preliminary inquiry
  • Application for stay of proceedings and application to quash the indictment dismissed