HCAL 2433/2019
[2021] HKCFI 2167
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 2433 OF 2019
______________
IN THE MATTER of an Application for Leave to apply for Judicial Review by the Applicant under Order 53, Rule 3(2) of the Rules of the High Court (Cap 4A)
and
IN THE MATTER of Section 26 of the Legal Aid Ordinance (Cap 91)
_____________
BETWEEN
MK[1]
Applicant
and
REGISTRAR OF HIGH COURT
Putative Respondent
and
DIRECTOR OF LEGAL AID
Putative Interested Party
______________
Before: Hon K Yeung J in Court
Date of Letter by the Applicant: 24 June 2021
Date of Reply Letter by the Putative Interested Party: 2 July 2021
Date of Decision on Costs: 6 August 2021
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DECISION ON COSTS
___________________
1. I refer to my Judgment of 23 June 2021. At §134 thereof, I made a costs order nisi that MK should have the costs of the action, to be borne by the DLA.
2. By letter of 24 June 2021 from Messrs Jimmie K S Wong & Partners, solicitors for MK, MK seeks a variation of the costs order nisi , to the extent that a certificate for two counsel be granted.
3. By letter of 2 July 2021, the DLA through the Department of Justice indicated that he has no objection to the application.
4. I have also considered the nature of the application, which involved some difficult points of law and interpretation issues.
5. In the circumstances, I vary the costs order nisi by ordering that MK should have the costs of the action, with certificate for two counsel, to be borne by the DLA. I make no further order as to costs in respect of the present application.
(Keith Yeung)
Letter by Jimmie K S Wong & Partners, for the Applicant
Reply Letter by Mr Edward Chik, Senior Government Counsel (Ag) of Department of Justice, for the Putative Interested Party
[1] Anonymity Order is granted on 27 August 2019.