21 Apr 2026
Because the prosecution had no evidence of dangerous manoeuvre or traffic contravention, no collision was found, and the defendant's admissions only showed failure to keep proper lookout which does not amount to dangerous driving, the defendant did not bring suspicion on himself; therefore costs are payable to the defence and ordered to be taxed if not agreed.
27 Apr 2022
Appellant's provision of a non‑public employee discount to a serving police officer and the contemporaneous communications objectively brought suspicion and thus, under Hong Kong authority allowing refusal of costs where a defendant's conduct brought suspicion (or misled the prosecution), the court properly exercised its discretion to refuse the costs order despite the acquittal for lack of mens rea.
26 Sept 2014
The High Court held that the trial judge lawfully exercised his discretion to refuse costs because the applicant, an experienced police officer, knew or ought to have known of the victim's marked intellectual disability and went to her flat when no family members were present, conduct which legitimately brought suspicion upon him and misled the prosecution as to the strength of the case; those positive reasons justified refusal of costs on all counts and refusal was not inconsistent with the acquittal.