律政司司長 訴 羅健熙

律政司司長 訴 羅健熙

The court awarded the respondent full costs (including certificates for two senior counsel) because none of the appellant's grounds succeeded on appeal, the trial judge's legal error was unrelated to the respondent's acquittal, and there was no respondent conduct or handling of the appeal that wasted court time or...

Source-derived case information.

Citation
[2025] HKCA 913
Parties
Appellant: Secretary for Justice (律政司司長); Respondent: Lo Kin Hei (羅健熙) (D6)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 October 2025
Case Number
CACC217/2022
Procedural Posture
Criminal Appeal / Appeal Costs Application Under Cap.492 S9 a After Appeal Determination
Outcome
Respondent awarded full appeal and related costs
Legal Topics
Appeal Costs, Illegal Assembly, Common Purpose, Misdirection, Conduct of Parties
Source Language
ch
Criminal Law Costs Law Appeal Procedure Appeal Costs Illegal Assembly Common Purpose Misdirection Conduct of Parties

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Parties

Secretary for Justice (律政司司長)

Appellant

Lo Kin Hei (羅健熙) (D6)

Respondent

Procedural Posture

Criminal Appeal / Appeal Costs Application Under Cap.492 S9 a After Appeal Determination

  1. 1 Whether respondent is entitled to full appeal and related costs under Criminal Case Costs Ordinance (Cap. 492) s9A
  2. 2 Whether partial costs are warranted because some appeal grounds were arguably arguable
  3. 3 Whether the appellant's conduct or the respondent's conduct justifies reduction of costs

Ratio Decidendi

The court awarded the respondent full costs (including certificates for two senior counsel) because none of the appellant's grounds succeeded on appeal, the trial judge's legal error was unrelated to the respondent's acquittal, and there was no respondent conduct or handling of the appeal that wasted court time or justified partial costs; Lai Chee Ying (Costs) was distinguishable on its facts.

Court Disposition

Respondent awarded full appeal and related costs

Orders

  • D6 awarded the full costs of the case stated appeal and related proceedings, including certificates for two senior counsel