27 Nov 2013
HKSAR v. CHAN HOK PAN AND OTHERS
- Citation
- HKSAR v. CHAN HOK PAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA91/2013
Magistrates must follow the procedural guidance in Lam Chiu Fong and Hui Yui Sang when considering costs after withdrawal; where the prosecution is unprepared and provides no summary of facts a magistrate may properly award costs; where prosecution does provide summaries and authorities the magistrate must give reasons for her exercise of discretion; deprivation of costs requires positive findings that the defendant's conduct brought suspicion on himself, which was not established on the evidence here; accordingly the appeals were dismissed and the magistrate's costs orders upheld.