Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S.73a criminal procedure ordinance

  • 14 Dec 1999

    TONG CUN LIN v. HKSAR

    Citation
    TONG CUN LIN v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC1/1999

    The judge acted within his discretion in refusing costs where the appellant's conduct and admissions during investigation and trial legitimately brought suspicion upon him, thereby falling within the recognised exceptions to the general rule that acquitted defendants receive costs; the substantial overlap of evidence between counts meant refusal as to the bribery count was also within the judge's discretion; the Court has jurisdiction under s.31 Cap.484 but will not lightly disturb such discretionary determinations.

    • Costs awarded after acquittal
    • S.73a criminal procedure ordinance
    • Prevention of bribery ordinance s.9(2)(a)
    • Conspiracy to defraud
    • Jurisdiction of court of final appeal
    • Practice directions on costs

  • 14 Nov 1988

    THE QUEEN v. RICHARD WALLIS

    Citation
    THE QUEEN v. RICHARD WALLIS
    Court
    Court of First Instance
    Case number
    HCA117/1985

    The court has jurisdiction to award costs to a defendant acquitted under s.51A because such an acquittal is to be treated as having the same effect as an acquittal after trial for the purposes of s.73A; the Crown's theoretical choice between entering a nolle prosequi and offering no evidence is irrelevant to the exercise of the court's discretion on costs, though the Crown's election to invoke s.51A and the surrounding circumstances (including whether there was ample evidence to support conviction) are relevant factors the court may consider in deciding whether to refuse costs.

    • S.51a criminal procedure ordinance
    • S.73a criminal procedure ordinance
    • Jurisdiction to award costs
    • Nolle prosequi vs offer no evidence
    • Public interest
    • Practice direction re costs