Read the full judgment text of FACC 000001/1999 on BabelCite. This FACC judgment was delivered on 14 December 1999 before Chief Justice Li, Mr Justice Litton PJ, Mr Justice Ching PJ, Mr Justice Nazareth NPJ and Lord Hoffmann NPJ.
Criminal law – costs – acquittal – s.73A Criminal Procedure Ordinance (Cap 221) – judicial discretion – Prevention of Bribery Ordinance s.9(2)(a) – conspiracy to defraud Securities and Futures Commission – bribery – takeover of Bond Corporation International Ltd by Tomson Pacific Ltd – 34.5% shareholding just below mandatory general offer threshold – Chiu Ming Hung syndicate and Hauxton Ltd allegedly not independent of Tomson – whether judge erred in refusing costs to acquitted defendant on count 1 (conspiracy to defraud) where defendant had by his conduct brought suspicion on himself – whether judge erred in refusing costs on count 4 (offering a bribe) where evidence also relevant as overt acts of conspiracy in count 1 – whether ascertainment of apportionment under s.73A(4) too difficult – whether Court of Final Appeal has jurisdiction under s.31(b) Hong Kong Court of Final Appeal Ordinance (Cap 484) to entertain appeal from refusal of costs in criminal case – appellate threshold for interfering with trial judge's discretion – application of English Practice Direction (Costs: Successful Defendants) [1973] 1 WLR 718 and Practice Note (Criminal Law: Costs) [1989] 2 All ER 604 – governing principle in Ng Yui Kin [1983] HKLR 356 – Costs in Criminal Cases Act 1973 (UK) s.4(1)(b) – Costs in Criminal Cases Ordinance (Cap 492) which repealed s.73A – appeal dismissed with costs.
Legal issues: Exercise of discretion in refusing costs for count 1 (conspiracy to defraud) after acquittal · Refusal of costs in respect of count 4 (offering a bribe) given overlap with count 1 · Jurisdiction of the Court of Final Appeal to entertain an appeal from a refusal of costs in a criminal case
Outcome: Appeal dismissed with costs.
Cited by 6 cases