19 Dec 2003
LI LAI YU JANE v. HKSAR
- Citation
- LI LAI YU JANE v. HKSAR
- Court
- Court of First Instance
- Case number
- HCAL40/2003
Where a cautioned statement is excluded for reasons that do not impeach its genesis or reliability (eg inadequate form of caution rather than oppression or inducement), the trial judge may, in exercising the discretion to award costs under s.5 Cap.492, have regard to the contents and provenance of that statement for the limited purpose of deciding whether the accused by his or her conduct attracted suspicion; applying that principle to the facts, the Deputy Judge did not err in law in refusing costs and the judicial review is dismissed.