Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretionary awards from public revenue
  • 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.