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HCAL 247/2020
HCMP 1183/2020
(Heard together)
[2021] HKCFI 1355
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 247 OF 2020
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IN THE MATTER of the District Councils Ordinance, Part V (Cap 547)
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and
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IN THE MATTER of a District Council election for the Kowloon City District Council To Kwa Wan South Constituency held on 24 November 2019 (“the Election”)
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BETWEEN
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LAM POK (JIMMY)(林博) |
Petitioner |
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and
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LEE HIN LONG (TIMOTHY LEE)(李軒朗) |
1st Respondent |
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FRANCO KWOK(郭偉勳) (Returning Officer of the To Kwa Wan South Constituency) |
2nd Respondent |
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IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 1183 OF 2020
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IN THE MATTER of an application under section 31 of the Elections (Corrupt and Illegal Conduct) Ordinance, Cap 554, Laws of Hong Kong
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and
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IN THE MATTER of an application under Section 107 of Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation, Cap 541F, Laws of Hong Kong
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and
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IN THE MATTER of a District Council election for the To Kwa Wan South Constituency of Kowloon City District held on 24 November 2019
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BETWEEN
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LEE HIN LONG (TIMOTHY LEE)(李軒朗) |
Applicant |
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and |
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SECRETARY FOR JUSTICE |
Respondent |
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and |
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LAM POK (JIMMY)(林博) |
Intervener |
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(Heard together)
| Before: Hon K Yeung J in Court |
Date of Statement of Costs by the Respondent in HCMP 1183/2020: |
3 March 2021 |
Date of Statement of Costs by the 2nd Respondent in HCAL 247/2020: |
3 March 2021 |
Dates of Written Submissions and Statement of Costs by the Petitioner in HCAL 247/2020 and the Intervener in HCMP 1183/2020: |
7 and 16 April 2021 |
| Date of Decision on Costs: |
14 May 2021 |
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DECISION ON COSTS
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1. On 25 March 2021, I made a costs order nisi that R1 shall bear the costs of both HCAL 247/2020 and HCMP 1183/2020.
The Petitioner’s claim
2. The Petitioner seeks a variation. He seeks a certificate for two counsel.
3. I have considered the authority cited to me. Given the point of law involved on the meaning of “consented in writing”, the importance of that point, and the facts of the applications which are not straightforward, I am persuaded that this is an appropriate case for me to grant a certificate for two Counsel. I so order.
4. I proceed to assess the costs.
5. For HCMP 1183/2020, the Petitioner claims costs in the total amount of HK$525,375. For HCAL 247/2020, he claims HK$534,000.
6. The two actions overlap in terms of facts and law. Costs in the total amount of HK$1,059,375 is excessive.
7. Specifically in respect of HCMP 1183/2020, the following items are in particular excessive:
(a) C.1 (15 hours of solicitor’s attendance on client);
(b) C.4 (8 hours of solicitor’s attendance on counsel);
(c) D.2.2 (8 hours of solicitor’s perusal of R1’s affirmation);
(d) D.3 (15 hours of solicitor’s preparation for hearings), particularly when 2 counsel had been instructed.
I also find the total amount of counsel fees of HK$183,500 on the high side.
8. Adopting a broad-brush approach, I summarily assess the costs at HK$220,000.
9. Specifically in respect of HCAL 247/2020, I find that the following items are in particular excessive:
(a) C.1 (20 hours of solicitor’s attendance on client), and this is on top of item C.1 claimed in HCMP 1183/2020;
(b) C.4 (10 hours of solicitor’s attendance on counsel), and this is on top of item C.4 claimed in HCMP 1183/2020;
(c) D.2.1 (5 hours of solicitor’s perusal of R1’s affirmation), and this is on top of item D.2.2 claimed in HCMP 1183/2020;
(d) D.3 (15 hours of solicitor’s preparation for hearings), and this is on top of item D.3 claimed in HCMP 1183/2020.
I also find the total amount of counsel fees of HK$141,500 on the high side.
10. Adopting a broad-brush approach, I summarily assess the costs at HK$230,000.
11. In all, I assess the total costs of the Petitioner at HK$450,000.
The claim of the Respondent in HCMP 1183/2020
12. Department of Justice claims HK$125,237.00. I find the amount reasonable. I allow it in full. Those costs shall be paid by R1 also.
R2’s claim
13. R2 claims HK$69,279.00. I find nearly 10 hours of perusal of document (D2) excessive. This is particularly so given the fact that R2 has from day one adopted a neutral stance, and that his and his legal representative’s attendance has been excused. I assess the costs at HK$55,000, to be paid by R1 also.
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(Keith Yeung) |
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Judge of the Court of First Instance |
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High Court |
Written Submissions and Statement of Costs by Matthew Ng & Co, for the Petitioner in HCAL 247/2020 and the Intervener in HCMP 1183/2020
The 1st Respondent in HCAL 247/2020 and the Applicant in HCMP 1183/2020, in person and made no submission
Statement of Costs submitted by Ms Vivian Kao, Government Counsel of the Department of Justice, for the Respondent in HCMP 1183/2020
Statement of Costs submitted by Ms Eva Sze, Senior Government Counsel of the Department of Justice, for the 2nd Respondent in HCAL 247/2020
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