HKSAR v. CHOI YEE HUNG, BRENDY

CACC 357/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 357OF 2014

(ON APPEAL FROM HCCC NO. 491 OF 2013)

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J U D G M E N T

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Hon Lunn VP (giving the Judgment of the Court) :

1.  On 24 March 2017 we delivered our judgment allowing the 2^nd applicant’s appeal and quashing her conviction of unlawfully trafficking in dangerous drugs. We ordered a retrial on a fresh indictment.

2.  We are satisfied, having regard to the fact that the respondent does not oppose the application made on behalf of the 2^nd applicant in a letter to the Court dated 5 June 2017 for an order of costs in her favour to the extent of her contribution and liability to make a contribution to the Legal Aid Department in respect of the legal aid granted to her for legal representation at her trial and her appeal respectively, that it is appropriate to make the orders sought.

3.  It is better practice that the application should be made or notice given of the application upon the judgment of the Court of Appeal being pronounced.[1]  It is “much more preferable” that the application is made at that time and, “If not, unless there be good reason, costs of the late application may not be awarded.”  Nevertheless, it is clear that there is jurisdiction in this court to make the order[2].

4.  Having regard to the circumstances of this case, we make an order against the respondent that the 2^nd applicant is to have her costs of $60,276, which contribution she made to the Legal Aid Department in respect of the trial, and $45,608, which liability she has to the Legal Aid Department in respect of her appeal.