24 Nov 1999
HKSAR v. EVERKING HOLDING LTD.
- Citation
- HKSAR v. EVERKING HOLDING LTD.
- Court
- Court of First Instance
- Case number
- HCMA909/1999
The magistrate misapplied section 3 of the Costs in Criminal Cases Ordinance by treating the absence of a trial as a basis for absolute refusal of costs; where the prosecution did not proceed and the defendant's conduct did not merit withholding costs, the court must award costs — including costs up to and including the appeal hearing where attendance and instructing counsel were reasonable — with taxation if not agreed.