HKSAR v. Tong Wai Hung (湯偉雄)

FACC No 7 of 2021

[2021] HKCFA 46

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO 7 OF 2021 (CRIMINAL)

(ON APPEAL FROM CASJ NO 1 OF 2020)

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BETWEEN

Before: Chief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Lam PJ and Lord Sumption NPJ

Date of Judgment: 24 December 2021

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JUDGMENT ON COSTS

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The Court:

1.After the handing down of the Court’s judgment on 4 November 2021, the appellant applied for costs of the appeal. 

2.Pursuant to the directions of the Court, the parties have lodged written submissions on costs.

3.Having considered those submissions, the Court makes the following orders:

(a) Subject to (b) below, the respondent shall pay the appellant 75% of the costs in the appeal before this Court (including the costs of the application for certification before the Court of Appeal and the costs of the application for costs);

(b) There be no order as to costs in respect of the application for leave to appeal before the Appeal Committee;

(c) The costs of the appellant be taxed if not agreed with certificate for two counsel.

Written Submissions by Mr Hectar Pun SC, Mr Anson Wong Yu Yat and Ms Ferrida Chan, instructed by S T Cheng & Co, for the appellant

Written Submissions by Mr Anthony Chau, DDPP(Ag), Mr Ivan Cheung, SPP, Ms Karen Ng, SPP and Mr Wilson Lam, PP, of the Department of Justice, for the respondent