Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Conduct of trial magistrate
  • 11 Nov 2022

    HKSAR v. THAPA KAMALA

    Citation
    [2022] HKCA 1697
    Court
    Court of First Instance
    Case number
    HCMA366/2020

    The Court held that the appellant's act of crossing behind a stationary taxi at night and failing to use a nearby pedestrian facility were relevant to whether she had brought suspicion on herself and therefore could be taken into account in refusing costs; the proposed questions of law were unarguable and certification was refused because established principles already permit depriving an acquitted defendant of costs where the defendant's conduct has brought suspicion and the conduct of prosecution and magistrate had been considered but did not assist the appellant.