3 Mar 2021
HKSAR v. GURUNG SWATANTRA
- Citation
- [2021] HKCFI 478
- Court
- Court of First Instance
- Case number
- HCMA240/2020
The magistrate erred in finding the prosecution was entitled to suspect or believe the appellant was a co-conspirator on the available evidence; the evidence was at best tenuous and the appellant's silence did not elevate it to justify refusal of costs. Therefore costs should follow the event and the appellant is entitled to his costs to be taxed if not agreed.