29 Sept 1999
HKSAR v. C.D.F. COGHLAN
- Citation
- HKSAR v. C.D.F. COGHLAN
- Court
- Court of First Instance
- Case number
- HCMA1004/1998
The magistrate's refusal to award costs is an appealable order; s.113(1) of the Magistrates Ordinance continues to provide a right of appeal in respect of such orders because the Costs in Criminal Cases Ordinance Cap.492 does not expressly or by necessary implication repeal that right; the magistrate misapplied the discretion and the appellant is entitled to costs, to be taxed if not agreed (subject to the statutory cap).