14 Jan 2009
HKSAR v. LEUNG CHI WAH EARNEST AND ANOTHER
- Citation
- HKSAR v. LEUNG CHI WAH EARNEST AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC275/2007
Although the appeals were allowed because the trial judge misapplied the Li Defan principle, the court exercised its discretion on costs under the governing principles in Tong Cun Lin and Ting James Henry and concluded both appellants had by their conduct (accepting large secretive cash payments; D2 lying to investigators; D3 breaching internal 'walls' and associated conduct) brought grave suspicion upon themselves, thereby disentitling them to the costs of their trials; however they were entitled to costs of the appeals and of their bail pending appeal, to be taxed if not agreed.