RE MR TIMOTHY WYNN OWEN KC

CACV 425/2022

[2022] HKCA 1898

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 425 OF 2022

(ON APPEAL FROM HCMP NO 1402 OF 2022)

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DECISION ON COSTS

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The Court:

1.  On 9 November 2022, we handed down a judgment dismissing the appeal of the Secretary for Justice against the judgment of the Chief Judge granting the ad hoc admission of Mr Timothy Owen, KC to represent Mr Lai Chee Ying in his trial in HCCC 51/2022. This was followed by another judgment handed down on 21 November 2022 refusing the Secretary’s application for leave to appeal against our judgment to the Court of Final Appeal. In each of the judgments, we made a costs order nisi against the Secretary with directions for summary assessment.

2.  On 23 November 2022, we granted leave to the Secretary to file an application to vary the costs orders nisi or a response to the applicant’s statement of costs within seven days of the determination of the Secretary’s notice of motion by the Court of Final Appeal. The Appeal Committee of the Court of Final Appeal handed down its determination on 28 November 2022 dismissing the Secretary’s application. The Secretary informed this court on 5 December that he does not intend to apply to vary the two costs orders nisi. The Secretary has lodged his responses dated 5 and 12 December 2022 to the statements of costs of the applicant dated 17 November 2022 and 5 December 2022.

3.  We agree with the Secretary there are no exceptional circumstances to justify the engagement of four counsel for the applicant to oppose the appeal and the leave application. We will allow the costs of two counsel.

4.  Making adjustments for excessive time spent and possible duplication of work, we assess the reasonable costs allowed to the applicant in respect of the appeal at $511,700 and for the leave application at $343,300.