Leung Kwok Hung and Others v. HKSAR

FACC Nos. 1 & 2 of 2005

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NOS. 1 & 2 OF 2005 (CRIMINAL)

(ON APPEAL FROM HCMA NO. 16 OF 2003)

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Between :

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JUDGMENT  ON  COSTS

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Chief Justice Li :

1.Written submissions have been lodged by the 1st appellant, the 2nd and 3rd appellants and the respondent.  Having considered them and having regard to the public interest in the legal issues arising in this appeal, the Court unanimously makes the following orders relating to costs namely, that :

(1)	Save for (2) and (3), there be no order as to costs between the appellants and the respondent.
(2)	The respondent pay to the 1st appellant $4,000 in respect of filing fees and photocopying charges incurred by him.
(3)	The respondent pay to the 2nd and 3rd appellants the sums of $17,414 and $7,674 being the contributions paid by them respectively to the Director of Legal Aid.
(4)	The 2nd and 3rd appellants’ own costs be taxed in accordance with Legal Aid Regulations.

Written submissions by the 1st appellant

Written submissions by Mr Martin Lee SC and Mr Erik Shum (instructed by Messrs Ho, Tse, Wai & Partners and assigned by the Legal Aid Department) for the 2nd and 3rd appellants

Written submissions by Mr Gavin Shiu and Mr David Leung (of the Department of Justice) for the respondent