Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Positive reasons to refuse costs

Legal area

Court

14 Dec 2022

香港特別行政區訴陳奮

Citation

[2022] HKCFI 3618
Court

Court of First Instance
Case number

HCCC200/2021

The court refused the defendant's costs application because there were positive reasons to deny costs: independent evidence and indicators of self‑incriminating conduct existed (phone messages, CCTV/witness evidence of intoxication and presence, fingerprints, fibres, saliva/DNA and medical findings) and the prosecution discontinued only because the complainant became unfit and unwilling to testify, not because the case lacked a prima facie basis.
16 May 2022

香港特別行政區訴陳慧恩

Citation

[2022] HKCFI 1351
Court

Court of First Instance
Case number

HCMA44/2020

The appellate court dismissed the appeal because the trial judge gave legitimate positive reasons for refusing costs — the appellant's post‑offence conduct (leaving the scene and not reporting or assisting investigation) and her failure to comply with disclosure directions by providing her expert report only at the last minute, which could have misled the prosecution — and the trial judge's exercise of discretion was not shown to be plainly wrong.