6 Aug 2021
HKSAR v. CHEN KEEN (alias JACK CHEN) AND OTHERS
- Citation
- [2021] HKCFI 2308
- Court
- Court of First Instance
- Case number
- HCCC309/2019
Section 4 of the Costs in Criminal Cases Ordinance confers jurisdiction to award costs where a defendant 'is not tried' for an offence, which includes situations where a jury is discharged during an ongoing trial and no verdict is reached; s17 did not apply because the impugned questioning was not unnecessary or improper; exercising the discretion under s4 on compensatory grounds, the court awarded the accused their costs of the retrial (including the costs application), to be taxed if not agreed, with a certificate for two counsel, subject to submissions within 14 days.