HKSAR v. LIU CHI LING

HKSAR v. LIU CHI LING

D3's application for costs is denied because, notwithstanding findings that she was credulous and unsophisticated, her repeated failure to verify account activity and her acquiescence to D1's instructions materially misled the prosecution and therefore disentitles her to costs.

Citation
[2021] HKDC 798
Parties
Prosecution: HKSAR; Defendant: Liu Chi Ling
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 June 2021
Case Number
DCCC351/2020
Procedural Posture
Criminal / Ruling on Costs
Outcome
Application for costs denied.
Legal Topics
Dealing With Proceeds of Crime, Costs Application, Credibility and Culpability
Source Language
EN
Criminal Law Proceeds of Crime Costs Dealing With Proceeds of Crime Costs Application Credibility and Culpability

Case Brief

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Parties

HKSAR

Prosecution

Liu Chi Ling

Defendant

Procedural Posture

Criminal / Ruling on Costs

Legal Issues

  1. 1 Whether D3 should be awarded costs
  2. 2 Whether D3's conduct misled the prosecution by failing to check account transactions
  3. 3 Whether D3's claimed credulity and unsophistication negates responsibility for inaction

Ratio Decidendi

D3's application for costs is denied because, notwithstanding findings that she was credulous and unsophisticated, her repeated failure to verify account activity and her acquiescence to D1's instructions materially misled the prosecution and therefore disentitles her to costs.

Court Disposition

Application for costs denied.

Orders

  • Application for costs by D3 denied.