HKSAR v. YIP YIU WING

HKSAR v. YIP YIU WING

The Ordinance entitles an acquitted defendant to compensatory costs for expenses properly incurred; where the prosecution proceeded despite the evidence and warnings that the case could not be made out, it was not just or reasonable for the prosecution to continue and the defendant must be awarded costs accordingly....

Source-derived case information.

Citation
HKSAR v. YIP YIU WING
Parties
Prosecution: HKSAR; Defendant: YIP YIU WING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 March 2001
Case Number
DCCC892/2000
Procedural Posture
Criminal / Application for Costs After No Case to Answer; Decided on Written Submissions
Outcome
Application for costs allowed in favour of the Defendant
Legal Topics
Costs Orders, No Case to Answer, Prosecutorial Conduct, Compensation for Legal Expenses, Statutory Interpretation of Cap.492
Source Language
en
Criminal Law Costs in Criminal Cases Prosecutorial Discretion Procedural Law Costs Orders No Case to Answer Prosecutorial Conduct Compensation for Legal Expenses +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

HKSAR

Prosecution

YIP YIU WING

Defendant

Procedural Posture

Criminal / Application for Costs After No Case to Answer; Decided on Written Submissions

Legal Issues

  1. 1 Whether an acquitted defendant is entitled to costs under the Costs in Criminal Cases Ordinance Cap.492
  2. 2 Whether defendant's conduct can render an otherwise compensatory costs order not just and reasonable
  3. 3 Whether the prosecution acted unreasonably in continuing a weak case despite warnings

Ratio Decidendi

The Ordinance entitles an acquitted defendant to compensatory costs for expenses properly incurred; where the prosecution proceeded despite the evidence and warnings that the case could not be made out, it was not just or reasonable for the prosecution to continue and the defendant must be awarded costs accordingly. The court ordered party and party costs for pre-trial preparation and indemnity costs for the trial and costs application, taxable if not agreed.

Court Disposition

Application for costs allowed in favour of the Defendant

Orders

  • Prosecution to bear the costs of the defence on party and party basis for preparation before trial and on indemnity basis for the trial including this application; such costs to be taxed if not agreed.