23 Nov 2012
SECRETARY FOR JUSTICE v. N
- Citation
- SECRETARY FOR JUSTICE v. N
- Court
- Court of First Instance
- Case number
- HCMA101/2012
Section 17A/17B applications under the Prevention of Bribery Ordinance, although connected to criminal investigation, are not "criminal proceedings" within the meaning of the Costs in Criminal Cases Ordinance; therefore the Commissioner was not a "prosecutor" and the suspect not a "defendant" as defined by the CCCO, and the magistrate lacked jurisdiction to award wasted costs under section 18 CCCO; the CCCO must be strictly construed and its categories are not met by these interlocutory surrender/return document proceedings.