27 Nov 2013
HKSAR v. CHAN HOK PAN AND OTHERS
- Citation
- HKSAR v. CHAN HOK PAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA143/2013
The court dismissed the prosecution's appeals. It held the PM did not err in awarding costs on 14 January 2013 because the prosecution was underprepared and failed to provide summaries or authorities; although the PM erred procedurally on 18 February 2013 by not following Lam Chiu Fong and by relying on parity with earlier awards, after full consideration the respondents had not brought suspicion on themselves and there was no positive reason to deprive them of costs; costs of the appeals were ordered to the respondents to be taxed if not agreed.
- Costs in criminal cases
- Withdrawal of charges
- Judicial discretion on costs
- Presumption of award of costs
- Defendant conduct bringing suspicion
- Application of lam chiu fong and hui yui sang