27 Jun 1989
THE QUEEN v. KWOK MOON YAN AND OTHERS
- Citation
- THE QUEEN v. KWOK MOON YAN AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC347/1988
The Court of Appeal establishes that under s.83XX Cap.221 it has an unfettered discretion to award costs out of public revenue to successful appellants, that the normal practice is to award such costs unless positive reasons exist to refuse (including appellant conduct that creates or enhances suspicion or misleads the prosecution, or quashing on mere technicality), that no criminal standard of proof applies to the exercise of that discretion, and that costs for lower courts must be considered separately; accordingly costs were awarded to the appellants with sums to be ascertained by the Regi…