Read the full judgment text of FACC 000008/2004 on BabelCite. This FACC judgment was delivered on 18 October 2004 before Bokhary PJ, Chan PJ, Ribeiro PJ, Litton NPJ, Sir Anthony Mason NPJ.
Criminal procedure – costs – right to be heard – natural justice – acquitted defendant – Costs in Criminal Cases Ordinance (Cap 492) s.5 – Costs in Criminal Cases Ordinance (Cap 492) s.15 – Crimes Ordinance (Cap 200) s.159C(6) – conspiracy to defraud – substandard pile foundations – appellant unrepresented at trial – trial judge refused costs without hearing appellant – breach of natural justice – appeal allowed – costs remitted to trial judge – costs of judicial review proceedings not included – appellant awarded costs of appeal
Legal issues: Right to be heard on costs application
Outcome: Appeal allowed. The question of the appellant's costs of the preliminary hearing and criminal trial is remitted to Pang J for determination after full argument. The remitter does not include costs of the failed judicial review proceedings.
Cited by 2 cases