22 Sept 2008
TING JAMES HENRY v. HKSAR
- Citation
- TING JAMES HENRY v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC4/2007
The Costs in Criminal Cases Ordinance does not apply to proceedings before the Court of Final Appeal because the Ordinance's definition of 'the court' excludes the Court of Final Appeal; costs of appeals heard by the Court of Final Appeal are to be taxed under Order 62 of the Rules of the High Court as applied by the Court of Final Appeal Rules (r57) and therefore, absent an express provision, the costs of the appellant in this Court are to be taxed on the party and party basis rather than the common fund basis.