香港特別行政區 訴 M.H.L.

香港特別行政區 訴 M.H.L.

Because the appeal succeeded on limited grounds founded on potential doubt/accident and the issues were factually and legally simple, the court exercised its discretion to award the appellant fifty percent of the formal appeal costs and refused to grant a two‑counsel certificate.

Source-derived case information.

Citation
[2020] HKCA 1009
Parties
Applicant: M.H.L.; Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 December 2020
Case Number
CACC312/2019
Procedural Posture
Criminal Appeal (out of Time Leave Granted) / Costs Application Following Allowed Appeal
Outcome
Appeal allowed (conviction and sentence on count 4 quashed); costs awarded at fifty percent of formal appeal costs; two‑counsel certificate refused.
Legal Topics
Costs of Appeal, Leave to Appeal Out of Time, Quashing of Conviction, Witness Credibility
Source Language
ch
Criminal Law Appeal Procedure Costs Costs of Appeal Leave to Appeal Out of Time Quashing of Conviction Witness Credibility

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Parties

M.H.L.

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal (out of Time Leave Granted) / Costs Application Following Allowed Appeal

  1. 1 Whether a successful appellant is entitled to full formal appeal costs as of right
  2. 2 Whether the court should grant a certificate for two counsel
  3. 3 Whether extensive amendment of out‑of‑time grounds affects costs award

Ratio Decidendi

Because the appeal succeeded on limited grounds founded on potential doubt/accident and the issues were factually and legally simple, the court exercised its discretion to award the appellant fifty percent of the formal appeal costs and refused to grant a two‑counsel certificate.

Court Disposition

Appeal allowed (conviction and sentence on count 4 quashed); costs awarded at fifty percent of formal appeal costs; two‑counsel certificate refused.

Orders

  • Respondent to pay fifty percent of the applicant's formal appeal costs.
  • Application for certificate for two counsel refused.