HKSAR v. LEE TSANG KWONG

HKSAR v. LEE TSANG KWONG

Section 19 of Cap.492 is not applicable to a judge's refusal to award costs and does not confer a right of appeal to the Court of Appeal; in the absence of a statutory basis or inherent jurisdiction to appeal to the Court of Appeal, the application for leave to appeal is dismissed.

Citation
HKSAR v. LEE TSANG KWONG
Parties
Prosecution/respondent: HKSAR; Accused/applicant: LEE TSANG KWONG 4th
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 2003
Case Number
HCCC169/2001
Procedural Posture
Criminal — Costs Application and Leave to Appeal / Application for Leave to Appeal to the Court of Appeal Against Judge's Refusal to Award Costs
Outcome
Application for leave to appeal to the Court of Appeal dismissed.
Legal Topics
Refusal of Costs, Leave to Appeal, Statutory Appeal Rights, Inherent Jurisdiction, Procedure (order 59)
Source Language
EN
Criminal Law Costs Appeal Jurisdiction Civil Procedure Refusal of Costs Leave to Appeal Statutory Appeal Rights Inherent Jurisdiction +1 more

Case Brief

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Parties

HKSAR

Prosecution/respondent

LEE TSANG KWONG 4th

Accused/applicant

Procedural Posture

Criminal — Costs Application and Leave to Appeal / Application for Leave to Appeal to the Court of Appeal Against Judge's Refusal to Award Costs

Legal Issues

  1. 1 Whether section 19 of the Costs in Criminal Cases Ordinance (Cap.492) permits an appeal to the Court of Appeal against a judge's refusal to award costs
  2. 2 Whether Order 59 of the Rules of the High Court confers jurisdiction to appeal or merely governs practice and procedure
  3. 3 Whether any inherent or other statutory jurisdiction permits the appeal

Ratio Decidendi

Section 19 of Cap.492 is not applicable to a judge's refusal to award costs and does not confer a right of appeal to the Court of Appeal; in the absence of a statutory basis or inherent jurisdiction to appeal to the Court of Appeal, the application for leave to appeal is dismissed.

Court Disposition

Application for leave to appeal to the Court of Appeal dismissed.

Orders

  • Leave to appeal to the Court of Appeal is refused and the application is dismissed.