16 Aug 2023
SECRETARY FOR JUSTICE v. TAM KIT-I
- Citation
- [2023] HKCFA 24
- Court
- Court of Final Appeal
- Case number
- FACC1/2023
The principal dispute was the substantive question whether refusal to grant a confiscation order discharged the restraint order (Question 1); the civil/criminal characterisation (Question 2) was procedural and secondary; issue-based strict apportionment was rejected but a modest deduction was warranted because SJ was not wholly successful; accordingly the costs order nisi is varied so Tam pays 80% of SJ's costs of FACV 12/2022 plus costs of the proceedings below, to be taxed if not agreed; no order as to costs in FACC 4/2022, FACC 1/2023 and FACV 2/2023.