Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Power to award costs

  • 20 Jul 1988

    ATTORNEY GENERAL v. TO FUK MING

    Citation
    ATTORNEY GENERAL v. TO FUK MING
    Court
    Court of First Instance
    Case number
    HCMA1049/1987

    Because sections conferring power to order costs (notably section 20) apply to summary offences and the accused in two matters faced indictable charges which had not been validly converted to summary jurisdiction, the magistrate had no statutory power to award costs in respect of the indictable matters prior to assuming summary jurisdiction; therefore the cost order in favour of To Fuk Ming and the part of Chong Yuen Wah's order referable to the stealing charge (an indictable offence) were ultra vires and must be quashed, while the order was valid insofar as it referred to the summary offence…

  • 8 Jan 1982

    ATTORNEY GENERAL v. IP WAI-KWONG

    Citation
    ATTORNEY GENERAL v. IP WAI-KWONG
    Court
    Court of Appeal
    Case number
    CACC1042/1981

    A magistrate's power to award costs on adjourning a hearing is limited to the specific statutory instances set out in s20(2) and s20(6) of the Magistrates Ordinance (Cap.227); magistrates do have power to order the prosecution/police to supply copies of an accused's cautioned and uncautioned statements to the defence, but not to require certified translations; costs in review proceedings cannot be awarded except where an express statutory power exists and awards must be compensatory rather than punitive.