31 Oct 2013
香港特別行政區 訴 謝劍華
- Citation
- 香港特別行政區 訴 謝劍華
- Court
- Court of First Instance
- Case number
- HCMA491/2013
The magistrate erred in exercising her discretion to refuse costs because she lacked a proper basis to conclude the appellant had 'self-suspected'—the record showed the appellant had given an explanation to police and the mere existence of inconsistencies or the rejection of defence witnesses did not by itself justify refusal of costs; therefore appellate intervention was warranted and the refusal of costs was set aside and replaced with an order awarding costs to the appellant.