香港特別行政區 訴 黃景鎏

香港特別行政區 訴 黃景鎏

The trial judge erred by relying on the appellant’s ambiguous WhatsApp apology (P1(14)) as a clear admission while having rejected the complainant’s evidence; read in context the message did not amount to an unequivocal admission of a touching constituting the charged offence, and therefore there was no proper basis...

Source-derived case information.

Citation
[2026] HKCFI 405
Parties
Respondent: Hong Kong Special Administrative Region; Appellant: Wong King Lau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2026
Case Number
HCMA260/2025
Procedural Posture
Criminal Appeal Against Refusal of Costs Order / Court of First Instance Appeal (retrial) on Costs After Acquittal
Outcome
Appeal allowed; trial court order refusing costs set aside; appellant awarded trial costs and costs of this appeal hearing (single counsel certificate)
Legal Topics
Acquittal, Award of Costs, Self‑incriminatory Conduct, Whats App Evidence, Judicial Discretion
Source Language
ch
Criminal Law Criminal Procedure Evidence Law Costs Law Acquittal Award of Costs Self‑incriminatory Conduct Whats App Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Hong Kong Special Administrative Region

Respondent

Wong King Lau

Appellant

Procedural Posture

Criminal Appeal Against Refusal of Costs Order / Court of First Instance Appeal (retrial) on Costs After Acquittal

  1. 1 Whether the appellant’s WhatsApp apology constituted an admission or conduct amounting to self‑incriminatory behaviour justifying refusal of costs
  2. 2 Whether the trial judge erred in relying on P1(14) after having rejected the complainant’s oral evidence
  3. 3 Proper exercise of the court’s unfettered discretion under Cap.492 s.3 to award costs following acquittal

Ratio Decidendi

The trial judge erred by relying on the appellant’s ambiguous WhatsApp apology (P1(14)) as a clear admission while having rejected the complainant’s evidence; read in context the message did not amount to an unequivocal admission of a touching constituting the charged offence, and therefore there was no proper basis to withhold costs under Cap.492 s.3 — appeal allowed and costs awarded.

Court Disposition

Appeal allowed; trial court order refusing costs set aside; appellant awarded trial costs and costs of this appeal hearing (single counsel certificate)

Orders

  • Set aside the magistrate’s refusal to award costs to the appellant
  • Order that the appellant be awarded the trial costs (if parties cannot agree, costs to be assessed by the officer who hears taxation)