26 Nov 2018
SECRETARY FOR JUSTICE v. CHENG KA YEE AND OTHERS
- Citation
- [2018] HKCFI 2594
- Court
- Court of First Instance
- Case number
- HCMA466/2017
The High Court has power under s.120 of the Magistrates Ordinance to award costs of the appeal but lacks power to award costs of proceedings before the Magistrate unless the judge allows the appeal (or otherwise meets statutory conditions); therefore the court could not order costs for the trial or review before the Magistrate in this prosecution appeal and must award successful respondents the ordinary costs of the appeal absent special reason to depart – here full appeal costs were awarded.