21 Sept 2022
HKSAR v. KELVIN Y. C. LEUNG AND ANOTHER
- Citation
- [2022] HKCA 1414
- Court
- Court of First Instance
- Case number
- HCMA309/2020
The Court of Appeal held that the Deputy Magistrate’s conduct and specific acts (continuous bickering, unjustified bail and a baseless warrant) gave rise to apparent bias so her costs orders could not stand; accordingly the wasted costs orders were set aside and the appeals allowed; however the acquitted defendant was refused trial costs because her conduct in crossing behind a stationary taxi had brought suspicion upon her; the prosecution’s wasted costs application against counsel was refused and the professional bodies were to be informed for potential disciplinary action.