10 Nov 1998
HKSAR v. TONG CUN LIN AND OTHERS
- Citation
- HKSAR v. TONG CUN LIN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCC303/1996
Where an acquitted defendant's conduct has objectively led the prosecution to suspect that he was party to the alleged offence or has deliberately concealed material facts that would attract regulatory or criminal consequences, the court exercising its discretion under s73A(1) may refuse payment of defence costs from public revenue; applying that test the court refused costs to the 1st, 3rd and 4th defendants who had by admitted or demonstrable conduct (buy-back/indemnity arrangements, inconsistent accounts about beneficial interests, and supplying seriously inaccurate/incomplete information…