Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretionary refusal of costs
  • 7 Nov 2014

    香港特別行政區 訴 呂嘉俊

    Citation
    香港特別行政區 訴 呂嘉俊
    Court
    Court of First Instance
    Case number
    HCMA437/2014

    The court upheld the magistrate's exercise of discretion refusing costs because, on the evidence (forceful striking of the victim's car window and repeated profanities while the victim was inside), the appellant's conduct could reasonably cause alarm and constituted self‑suspicion related to the charge; despite a procedural shortcoming at the magistrates' hearing the appellate court, on rehearing, found the refusal of costs justified and dismissed the appeal.