Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Costs for acquitted defendants

Legal area

Court

13 Feb 2008

HKSAR v. AU MAN KIN AND ANOTHER

Citation

HKSAR v. AU MAN KIN AND ANOTHER
Court

Court of First Instance
Case number

HCMA1101/2007

The magistrate properly exercised the statutory discretion under s3(1)(c) by considering the appellants' conduct during investigation and at trial, concluding that their non-disclosure of their defence had brought suspicion upon them and that there was a causal connection to the prosecution and its costs; the appellate court found no error and dismissed the appeal.
11 Mar 2005

TSANG WAI PING v. HKSAR

Citation

TSANG WAI PING v. HKSAR
Court

Court of Final Appeal
Case number

FACC12/2004

Appeal allowed: where no positive reason was established to deprive the acquitted appellant of costs and where the trial judge impermissibly speculated as to factual findings (attempted flight) contrary to the jury's opaque verdict and the presumption of innocence, the appellant must be awarded his costs here and below.
20 Oct 2000

HKSAR v. LI SIU TONG AND OTHERS

Citation

HKSAR v. LI SIU TONG AND OTHERS
Court

Court of First Instance
Case number

HCMA547/2000

The magistrate validly exercised his discretion by finding that the appellants' unruly, hostile and abusive conduct at the time of the incident was sufficiently connected to the alleged offences to have brought suspicion upon them, and therefore refusal to award costs was not an error of principle and the appeal must be dismissed.