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CACC000615A/1998
CACC615/98
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 615 OF 1998
(ON APPEAL FROM DCCC 529 OF 1997)
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THE SECRETARY FOR JUSTICE |
Appellant |
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AND |
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LAM TAT MING |
1st Respondent |
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NG SAI HING |
2nd Respondent |
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Coram: Hon. Stuart-Moore, V.-P., Mayo, J.A. & Woo, J.
Date of Hearing: 16 July 1999
Date of Ruling: 16 July 1999
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R U L I N G
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Stuart-Moore, V.-P. (giving the ruling of the Court):
1. Mr. Macrae, S.C. has applied on behalf of the 1st Respondent for costs only in order to emphasise the point which he considers is an unhappy state of affairs that, in fact, there exists no power for this Court to make an order for costs. This lack of power is because the situations where costs can be awarded, following appeal proceedings, are set out in the Costs in Criminal Cases Ordinance, Cap. 492. It is quite clear that proceedings which come to this Court under section 84 of the District Court Ordinance, Cap. 336 are not included. It follows that we feel bound to agree that the Court has no power to make any order for costs.
2. The matter had previously been considered in the Attorney General v Lam Sau Ki, (1993) 2 HKC 330 which was decided before the implementation of the Costs in Criminal Cases Ordinance. It was apparent, in 1993, that there was, at that time, again no power for an order to be made.
3. Accordingly, as costs cannot be awarded to the Respondents, it follows, therefore, that we make no order.
| (M. Stuart-Moore) |
(Simon Mayo) |
(K.H. Woo) |
| Vice-President |
Justice of Appeal |
Judge of the Court of First Instance |
Representation:
Mr. A.A. Bruce, S.C., S.A.D.P.P. & Mr. Joseph To, S.G.C. for Secretary for Justice/Appellant.
Mr. Andrew Macrae, S.C., inst'd by M/s So & Co. for 1st Respondent.
Mr. James P. Chandler & Mr. Martyn Richmond inst'd by M/s Lau & Leung Solicitors for 2nd Respondent.
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