HKSAR v. Ng Dyte, Jeanette

HCMA 562/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 562 OF 2011

(ON APPEAL FROM FLS 4132 OF 2011)

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BETWEEN

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Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing: 23 February 2012

Date of Judgment: 23 February 2012

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J U D G M E N T

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1.This is an appeal against a refusal of defence costs following an acquittal in the Magistrates’ Court on a charge of careless driving.

2.The reasons given by the Deputy Special Magistrate for refusing the Appellant costs was that her driving behaviour would be considered as lower than a reasonable and prudent driver; that she had brought suspicion on herself and that the police had done nothing wrong in initiating the proceedings against her.

3.The first reason runs counter to the Appellant’s acquittal.

4.The second is based on the Appellant’s statement to the police not being as clear as the Magistrate thought would be helpful. It does not justify withholding costs.

5.The third reason is irrelevant.

6.Costs were, in my judgment, withheld for bad reasons, and I allow the appeal to award the Appellant her costs below.  I will now hear the parties on the costs here.

Mr P C Lee, instructed by Kitty So & Tong, for the appellant

Ms Noelle A Chit, of the Department of Justice, for the respondent