Hong Kong Case Law: Decisions & Judgments

Topic

Costs in criminal appeals

Legal area

Court

24 Dec 2021

HKSAR v. TONG WAI HUNG (湯偉雄)

Citation

[2021] HKCFA 46
Court

Court of Final Appeal
Case number

FACC7/2021

The Court exercised its discretion and ordered that, subject to the specified exception, the respondent pay 75% of the appellant's costs of the appeal (including costs of the certification application and the costs application); made no order as to costs for the leave to appeal application before the Appeal Committee; and directed that the appellant's costs be taxed if not agreed, with a certificate for two counsel.
27 Sept 2002

HKSAR v. CHONG CHUNG HING

Citation

HKSAR v. CHONG CHUNG HING
Court

Court of First Instance
Case number

HCMA606/2002

The magistrate correctly accepted the prosecution's expert evidence and manufacturer's certificate establishing the laser gun's reliability and that any possible error margin did not undermine the recorded speed; the appellate court defers to the magistrate's credibility findings and his assessment of evidence; the appellant's constitutional and procedural complaints lacked merit; therefore the conviction stands and costs are awarded to the Respondent.
10 Jan 2002

HKSAR v. LEUNG KAI CHUNG

Citation

HKSAR v. LEUNG KAI CHUNG
Court

Court of Appeal
Case number

CACC96/2000

Because the prosecution principally caused the irregularity by failing to grant immunity properly and prosecuting counsel contributed to the incongruity, costs of the appeal are to be paid from public revenue, but full costs of the trial are inappropriate because experienced defence counsel failed to take available points; therefore 75% of the Court of First Instance costs are awarded to the applicant, taxed if not agreed, and there is no order for costs of 25 October 1999 due to insufficient information.
27 May 1993

ATTORNEY GENERAL v. LAM SAU KI

Citation

ATTORNEY GENERAL v. LAM SAU KI
Court

Court of Appeal
Case number

CACC442/1991

The Court of Appeal is not empowered—neither by inherent jurisdiction nor by the statutory provisions relied upon—to award costs in criminal appeals; therefore the application for costs is refused.
27 Jun 1989

THE QUEEN v. LOK MAN CHIU

Citation

THE QUEEN v. LOK MAN CHIU
Court

Court of Appeal
Case number

CACC500/1988

Under s.83XX Cap.221 the Court has an unfettered discretion to award costs from public revenue to successful appellants and the normal practice is to make such awards unless there are positive reasons to refuse (eg appellant conduct creating suspicion or misleading the prosecution, or quashings on meritless technicalities); no criminal standard of proof is required to refuse costs; costs for proceedings in each court must be considered separately; applying those principles, costs were awarded to Kwok and Lok as specified.

Hong Kong Case Law

HKSAR v. TONG WAI HUNG (湯偉雄)

HKSAR v. CHONG CHUNG HING

HKSAR v. LEUNG KAI CHUNG

ATTORNEY GENERAL v. LAM SAU KI

THE QUEEN v. LOK MAN CHIU