Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to silence and its evidential impact for costs
  • 30 Jun 2022

    HKSAR v. YADAV, DILIP PRASAD

    Citation
    [2022] HKCFI 1961
    Court
    Court of First Instance
    Case number
    HCMA64/2022

    The magistrate legitimately exercised his discretion by finding that the appellant's conduct (cooking in a staff‑only kitchen at lunchtime while wearing an apron) and failure to explain at investigation and trial objectively brought suspicion upon him, constituting a positive reason to refuse costs; the Court of First Instance found no error in that exercise and dismissed the appeal.

    • Acquittal and award of costs
    • Taking employment while a removal order is in force
    • Right to silence and its evidential impact for costs
    • Discretionary exercise of costs following acquittal