4 Aug 2022
HKSAR v. CHEN KEEN (alias JACK CHEN) AND OTHERS
- Citation
- [2022] HKCA 1059
- Court
- Court of Appeal
- Case number
- CACC185/2021
Section 4 CCCO does not confer jurisdiction to award defence costs in the circumstances of an aborted retrial caused by jury discharge where there is no finality; the section requires that the proceedings for the offence have come to an end such that the defendant "is not tried" for that offence. The trial judge erred in holding he had jurisdiction under s4 and the Costs Order was set aside.