16 Nov 2020
HKSAR v. REHMAN EHTISHAM UR
- Citation
- [2020] HKCFI 2842
- Court
- Court of First Instance
- Case number
- HCMA345/2019
The appeal is dismissed because the magistrate properly considered the relevant factors, was entitled to find that absent the appellant's trial explanation an irresistible inference of guilt could have been drawn from possession of the false identity card, and correctly exercised discretion to refuse public payment of trial costs; the right to silence can be a relevant consideration in costs applications where failure or delay to disclose a defence has prejudicial consequences for the public prosecution or trial process.