Secretary for Justice v. Chan Chi Wan Stephen

Read the full judgment text of FACC 11/2016 on BabelCite. This FACC judgment was delivered on 19 May 2017.

Case No.FACC 11/2016
Court
FACC
Date19 May 2017
Judge
Case Document
100%Judiciary

FACC Nos. 11 & 18 of 2016

FACC No. 11 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 11 OF 2016 (CRIMINAL)

(ON APPEAL FROM CACC NOS. 103 OF 2012 AND 183 OF 2014)

_______________________

BETWEEN

  SECRETARY FOR JUSTICE Respondent
  and
  CHAN CHI WAN STEPHEN (陳志雲) (D1) Appellant

_______________________

FACC No. 18 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 18 OF 2016 (CRIMINAL)

(ON APPEAL FROM CACC NOS. 103 OF 2012 AND 183 OF 2014)

_______________________

BETWEEN

  SECRETARY FOR JUSTICE Respondent
  and
  TSENG PEI KUN (叢培崑) (D2) Appellant

_______________________

Before : Mr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Fok PJ, Mr Justice Stock NPJ and Lord Walker of Gestingthorpe NPJ
Date of Judgment: 19 May 2017
Date of Corrigendum: 28 June 2017

__________________________

CORRIGENDUM

__________________________

Please note the following amendments in the Judgment on Costs dated 19 May 2017:

In paragraph 8:

(a) Replace “Costs in Criminal Cases Ordinance (Cap 492)” with “Criminal Procedure Ordinance (Cap 221)”

(b) Replace “provides” with “provided”

In paragraph 9:

(a) Replace “concerns” with “concerned”

(b) Insert at the end of the first sentence: “That section has since been repealed by the Costs in Criminal Cases Ordinance (Cap 492) which (in sections 3 to 9B) makes detailed provision for the award of costs to the defence in specified sets of court proceedings.”

(c) Replace the last sentence with the following: “As with the repealed section 73A, we do not consider that costs incidental to an arrest come within any of the aforesaid provisions of Cap 492.”

  (Ms. M.Y. LAM)
for Registrar, CFA