Leung Kam Chung Kenneth v. Commissioner of Police

HCA 1936/2021

[2022] HKCFI 2508

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1936 OF 2021

____________

BETWEEN

____________

Before:  Hon Au-Yeung J in Chambers

Date of Hearing:  3 August 2022

Date of Decision on Costs:  12 August 2022

_____________________________

D E C I S I O N  O N  C O S T S

_____________________________

1.On 3 August 2022, I dismissed the Plaintiff’s appeal and ordered, on a nisi basis, that costs should be borne by the Plaintiff.

2.On 5 August 2022, the Plaintiff lodged his submission in respect of quantum on costs. The Plaintiff himself seeks costs but does not dispute the quantum of costs sought by the DOJ.

3.The Plaintiff submits that the appeal stemmed from the Defendant’s failure to comply with the Rules of the High Court or to apply to the Court for extension of time. Further, the appeal was due to the failure of Registrar Ho in finding out or addressing the irregularities of the Defendant. The Registrar appeared to have unacceptable bias and inclination towards the Defendant. Since both the Plaintiff and the Defendant have made some mistakes, the Plaintiff asks that the Defendant do pay his costs and in return he shall pay the Defendant’s.

4.The Plaintiff has had his opportunity to address his grievance over the Defendant’s conduct before Registrar Ho, who then made an informed decision in accordance with court practice. The learned Registrar has taken into account all relevant matters and I find nothing that could suggest bias or inclination towards the Defendant on his part. The appeal was entirely unnecessary. In the premises, I maintain my ruling that costs should be awarded to the Defendant and not to the Plaintiff.

5.The costs charged by the DOJ were reasonable for a simple appeal like this. I make absolute the costs order and summarily assess the costs at $31,440.67.

The Plaintiff appeared in person

Mr David Yim, Acting Senior Government Counsel, of the Department of Justice, for the Defendant