Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory commencement and application
  • 7 May 1999

    HKSAR v. PHILIP RUSSELL BOUTTLE

    Citation
    HKSAR v. PHILIP RUSSELL BOUTTLE
    Court
    Court of First Instance
    Case number
    HCMA74/1999

    Costs in the Costs in Criminal Cases Ordinance did not apply because the alleged offences occurred before the Ordinance commenced; exercising the court's discretion under the Criminal Procedure Ordinance, the judge awarded costs of the appeal to the appellant because the grounds on which the appeal was allowed related to the Magistrate's treatment of evidence and interpretation (errors by the Magistrate), and although the appellant had brought suspicion upon himself earlier such conduct justified denial of costs only as to proceedings at the Magistrate level and not as to the appeal.