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HCAL 245/2020
[2021] HKCFI 2093
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 245 OF 2020
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IN THE MATTER of the District Councils Ordinance (Cap 547) |
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and |
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IN THE MATTER of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) |
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and |
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IN THE MATTER of a District Council election for the Tai Wai Constituency of Sha Tin District held on 24 November 2019 |
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| BETWEEN |
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TUNG KIN LEI |
Petitioner |
and |
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NG TING LAM |
1st Respondent |
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TANG YIU WING |
2nd Respondent |
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CHAN YUEN MAN, AMY |
3rd Respondent |
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(RETURNING OFFICER FOR THE |
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SHA TIN DISTRICT COUNCIL) |
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Before: Hon K Yeung J in Chambers
Date of Statement of Costs by the 2nd Respondent: 7 June 2021
Date of Reply Submissions by the Petitioner: 10 June 2021
Date of Reply Submissions by the 2nd Respondent: 15 June 2021
Date of Second Decision on Costs: 16 July 2021
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SECOND DECISION ON COSTS
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1. I refer to my Decision on Costs handed down on 11 May 2021 for background.
2. I have considered the two Statement of Costs submitted by the 2nd Respondent. I have considered the objections made on behalf of the Petitioner. I have also considered the 2nd Respondent’s replies in which he has made some downward adjustments to the costs he claims.
3. In respect of the Statement for the main application:
(a) despite the downward adjustment, I am of the view that the total claimed costs of HK$305,360 remains on the high side;
(b) in particular, I consider the combined counsel fee of HK$240,000 (HK$180,000 for Mr Tam and HK$60,000 for Ms Liu) too high. Adopting a broad brush approach, I regard the respective fees of HK$150,000 and HK$50,000 to be more reasonable;
(c) I summarily assess the total costs at HK$260,000.
4. In respect of the Statement for the 1st application for variation of the Costs Order Nisi, I see no reason why two counsel needed to be involved. Again adopting a broad brush approach, I summarily assess the total costs at HK$30,000.
5. I make no order as to costs in respect of the present application.
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(Keith Yeung)
Judge of the Court of First Instance
High Court |
Reply Submissions by Jimmie K S Wong & Partners, for the Petitioner
Statement of Costs and Reply Submissions by Ho Tse Wai & Partners, for the 2nd Respondent
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