Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Criminal costs
  • 17 May 2022

    香港特別行政區 訴 周健豪

    Citation
    [2022] HKDC 454
    Court
    District Court
    Case number
    DCCC205/2020

    Costs were refused because the judge found that the defendant's conduct—specifically receiving and wearing a gas mask and continuing to wear it while fleeing as police advanced—constituted self-attribution of suspicion connected to the charged offence and therefore amounted to a cogent reason to deny costs despite the acquittal.

  • 6 May 2019

    香港特別行政區 訴 湯美清

    Citation
    [2019] HKCA 478
    Court
    Court of Appeal
    Case number
    CACC303/2016

    The Court of Appeal allowed the appeal against the costs order because the original judge failed to comply with statutory requirements and relevant authorities by not considering the appellant's means, not ensuring the costs would be compensatory and reasonable, and not giving the appellant an opportunity to respond; absent those considerations the costs order lacked sufficient basis and was quashed, with the Court of Appeal fixing costs of this appeal at HK$2,500 payable by the respondent.

  • 20 Nov 1985

    LAM CHUN KAU v. THE QUEEN

    Citation
    LAM CHUN KAU v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC109/1985

    Although the applicant was acquitted of the charge as laid, his own admissions and the depositions disclosed a prima facie case that he participated in a hoax amounting to making an unwarranted demand with intent to cause loss; applying the Practice Direction and section 73A the court exercised its discretion to refuse an order for costs from public funds and left the applicant to pay his own costs.