27 Nov 2013
HKSAR v. CHAN HOK PAN AND OTHERS
- Citation
- HKSAR v. CHAN HOK PAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA142/2013
The magistrate did not err in awarding costs on 14 January 2013 because the prosecution was underprepared and did not supply summaries of facts or authorities to rebut the presumption in favour of costs; the magistrate erred procedurally on 18 February 2013 by failing to follow Lam Chiu Fong and by relying on prior awards, but on the merits the respondents had not brought suspicion on themselves and there was no positive reason to deprive them of costs; accordingly all prosecution appeals were dismissed and costs of the appeals were ordered to the respondents.