Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Refusal of costs

  • 12 May 2023

    HKSAR v. JAVED, SHAHID

    Citation
    [2023] HKCFI 1179
    Court
    Court of First Instance
    Case number
    HCMA218/2022

    The court upheld the magistrate's exercise of discretion: the magistrate properly considered the appellant's conduct (allowing insurance to lapse for six months, failing to produce the policy after promising to do so, and not alleging theft or sale) which constituted a positive reason to refuse costs; there was no error of law or misapplication of the presumption of innocence, and the refusal of costs was therefore justified.

  • 15 Jul 2019

    香港特別行政區 訴 黃俊軒

    Citation
    [2019] HKCFI 1716
    Court
    Court of First Instance
    Case number
    HCMA19/2019

    Magistrate's findings that the appellant was intoxicated, behaved in a manner that invited suspicion and that his evidence was inconsistent are supported by the record; the proposed fresh evidence would not have materially assisted and was not properly explained for late production; accordingly there was a proper basis to refuse costs and no failure to give adequate guidance to the unrepresented appellant, so the appeal is dismissed.

  • 15 Sept 2005

    HKSAR v. CHEUNG KAM LUN AND OTHERS

    Citation
    HKSAR v. CHEUNG KAM LUN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMA593/2005

    The court held that the magistrate did not err in refusing costs; she had properly considered the chaotic and discrepant nature of the prosecution evidence, the defendants' conduct (which generated suspicion and resulted in admitted injuries and damage), and exercised her discretion reasonably. An acquittal for lack of proof did not preclude consideration of surrounding conduct when denying costs. The appeal was dismissed.

  • 13 Mar 2003

    HKSAR v. LEE TSANG KWONG

    Citation
    HKSAR v. LEE TSANG KWONG
    Court
    Court of First Instance
    Case number
    HCCC169/2001

    Section 19 of Cap.492 is not applicable to a judge's refusal to award costs and does not confer a right of appeal to the Court of Appeal; in the absence of a statutory basis or inherent jurisdiction to appeal to the Court of Appeal, the application for leave to appeal is dismissed.

  • 11 Apr 2002

    HKSAR v. KWOK HUNG

    Citation
    HKSAR v. KWOK HUNG
    Court
    Court of First Instance
    Case number
    HCMA1154/2001

    The magistrate did not err in refusing costs: the appellant's conduct before and during investigation legitimately produced and heightened suspicion, the magistrate was entitled to accept relevant witness evidence, and those positive reasons justified refusal of costs under the principles in Tong Cun Lin, so the appeal is dismissed.