Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrate jurisdiction to award costs
  • 23 May 1986

    THE QUEEN v. LAU LOI HING

    Citation
    THE QUEEN v. LAU LOI HING
    Court
    Court of First Instance
    Case number
    HCMA454/1986

    The magistrate had jurisdiction under section 69(1) of the Magistrates Ordinance to award costs to a defendant represented under the duty lawyer scheme; the lack of a statutory provision directing payment of awarded costs to the scheme does not prevent making the award and is a remediable lacuna; undertakings by defendants to repay the scheme are enforceable and do not defeat entitlement to costs.

    • Costs against crown
    • Magistrate jurisdiction to award costs
    • Enforcement of costs awards
    • Analogy with legal aid