|
HCMA 98/2023
[2024] HKCFI 981
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO 98 OF 2023
(ON APPEAL FROM ESCC 1146/2022)
________________
BETWEEN
| |
HKSAR |
Respondent |
|
and
|
| |
CHAN MO SAN MICHAEL |
Appellant |
________________
| Before: |
Deputy High Court Judge Woodcock in Chambers (by Paper Disposal) |
| Date of Written Submission by the Appellant: |
23 January 2024 |
| Date of Reply by the Respondent: |
1 February 2024 |
| Date of Judgment on Costs: |
17 April 2024 |
_______________
JUDGMENT ON COSTS
_______________
COSTS
1. I allowed the appeal of the appellant against a conviction of indecent assault. I handed down my judgement on 11 January 2024. I invited submissions on costs, if any, after the event. I received the appellant’s written submissions applying for costs of the appellant’s trial and the appeal on 23 January 2024. I received the respondent’s reply to those submissions. The respondent had no submissions in response.
2. I have considered the appellants written submissions and I agree that in this case, the appellant did not bring suspicion upon himself nor was his conduct such that he misled the prosecution into believing that they had a stronger case then it actually was. Lastly, he was not acquitted on a technicality.
3. Therefore, as a general rule, unless one of those reasons applies, the appellant should be awarded costs.
4. Accordingly, having allowed the appeal after a hearing, I order the costs of the lower court hearing and those of this appeal be to the appellant, to be taxed by a master, if not agreed.
| |
(Amanda Jane Woodcock) |
| |
Deputy High Court Judge |
Ms Sabra Lo, Senior Public Prosecutor of Department of Justice, for the Respondent
Mr Andrew Leung, instructed by Chaudhry Solicitors, for the Appellant
|