The Queen v. Mak Yuet-hang

CACC000399C/1987

BETWEEN

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Coram: Hon. Yang, C.J., Hon. Penlington, J.A. & Hon. O'Connor, J.

Date of Hearing: 16th June 1988.

Date of Judgment: 16th June 1988.

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J U D G M E N T

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Hon. Yang, C.J.;

1. D6 seeks to appeal against Deputy Judge Cannon's order refusing her application for costs upon her acquittal.

2. It does not appear from the evidence that D6 brought on the prosecution by anything she had done or said nor was she acquitted on a technical point of law. The Crown does not oppose D6's appeal.

3. Appeal allowed. The costs of D6 in the Magistrates' Court, the District Court and of this appeal to be paid out of the public revenue and to be taxed by the Registrar under s. 73A of the Criminal Procedure Ordinance, Gap. 221.

Representation:

Mr. A.J.J. Sanguinetti & Mr. Lawrence Lok (Joseph W.K. Poon & Co.) for D6.

Mr. C. Harris, Counsel for the Crown/Respondent.