12 Feb 2014
HKSAR v. LEUNG KWOK WAI
- Citation
- HKSAR v. LEUNG KWOK WAI
- Court
- Court of First Instance
- Case number
- HCMA622/2012
The appeal is allowed: the Court held that under section 3 of the Costs in Criminal Cases Ordinance the Magistrate should not have denied costs solely because the defendant exercised his right to silence or failed to disclose an alibi in the Magistrates' Court; the prosecution must demonstrate conduct sufficient to justify deprivation of costs.