Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 17

  • 8 Sept 2017

    N v. W

    Citation
    N v. W
    Court
    Family Court
    Case number
    FCMC5026/2015

    The court granted the transfer of the s17 application to the Court of First Instance because the matter raised substantial points of law (notably ex turpi causa in light of Patel v Mirza), involved allegations of fraud and other civil/criminal ramifications, potentially required expert evidence, and concerned a significant quantum (circa US$18 million); accordingly the High Court is a more appropriate forum. Costs were ordered to follow the event on a party and party basis, taxed if not agreed.

  • 29 Nov 2002

    HKSAR v. LEE TSANG KONG

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

    For the purpose of determining applicability of the Costs in Criminal Cases Ordinance, only the date of the offence alleged against the accused in the count charged against him is relevant; since the 4th accused was charged only on count 3 alleging offences between 1 December 1995 and 30 April 1996 (before the Ordinance commenced), s.25 excludes application of s.17 and no statutory power exists to award costs; English Practice Directions cannot be invoked to supply a substantive statutory power; accordingly the costs application is dismissed.