Hong Kong Case Law: Decisions & Judgments

Topic

Award of costs after acquittal

Legal area

Court

26 Aug 2025

香港特別行政區訴余婉婷

Citation

[2025] HKCFI 3883
Court

Court of First Instance
Case number

HCMA159/2024

The Court held on rehearing that the magistrate did not err: cumulative objective indicia (ABF signage/leaflets/IG linked to premises and registered phone numbers, payment QR codes and card machines, substantial number of counterfeit branded items, and appellant's caution statements) provided positive reasons to refuse costs despite acquittal; the discretionary decision was reasonable and affirmed.
20 Feb 2014

香港特別行政區訴歐永新

Citation

香港特別行政區訴歐永新
Court

Court of First Instance
Case number

HCMA691/2013

The magistrate's refusal to award costs conflicted with the acquittal because his adverse inference of self-induced suspicion rested on flawed interpretation and simplistic braking-time calculations that ignored relative vehicle speeds and lacked evidential support; the appellant did not invite suspicion and is therefore entitled to trial and appeal costs, tax to the court if parties cannot agree.
5 Jul 2001

HKSAR v. TANG KAI CHUNG

Citation

HKSAR v. TANG KAI CHUNG
Court

Court of First Instance
Case number

HCMA563/2001

The magistrate's refusal to award costs was erroneous because the acquittal arose from insufficiency and poor quality of the evidence and inadequate handling of identification evidence, not a mere technicality; therefore costs should follow the acquittal and the appeal is allowed with costs awarded to the appellant.

Hong Kong Case Law

香港特別行政區 訴 余婉婷

香港特別行政區 訴 歐永新

HKSAR v. TANG KAI CHUNG

香港特別行政區訴余婉婷

香港特別行政區訴歐永新