23 Oct 2009
HKSAR v. KANJANAPAS, CHONG KWONG DEREK AND OTHERS
- Citation
- HKSAR v. KANJANAPAS, CHONG KWONG DEREK AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC248/2006
The Court held that the applicant is entitled to recover costs of the District Court trial insofar as they relate to Charges 4 and 5 because the convictions were set aside for failure to prove actus reus and mens rea; costs previously refused in respect of acquitted conspiracy charges in the District Court remain unchallengeable on appeal under the CCCO absent judicial review; the prosecutor's application under s32(2) HKCFAO was not 'without merit' and therefore no costs were ordered under s9B CCCO in respect of that application.