HKSAR v. Chan Mo San Michael

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)

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BETWEEN

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JUDGMENT ON COSTS

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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.

Ms Sabra Lo, Senior Public Prosecutor of Department of Justice, for the Respondent

Mr Andrew Leung, instructed by Chaudhry Solicitors, for the Appellant