Read the full judgment text of FACC 8/2004 on BabelCite. This Court of Final Appeal judgment was delivered on 18 October 2004 before 終審法院常任法官包致金, 終審法院常任法官陳兆愷, 終審法院常任法官李義, 終審法院非常任法官烈顯倫, 終審法院非常任法官梅師賢爵士.
Criminal law – conspiracy – costs – natural justice – right to be heard – Costs in Criminal Cases Ordinance (Cap 492) – judicial review costs – appeal – remission – Court of Final Appeal – appellant acquitted after trial – trial judge refused costs without hearing – natural justice breached – appeal allowed – costs remitted – judicial review costs not included – costs of appeal awarded to appellant.
Legal issues: Breach of natural justice in costs application · Scope of costs order – judicial review costs excluded
Outcome: Appeal allowed. Order of trial judge set aside. Costs of preliminary hearing and trial remitted to trial judge for determination after hearing full submissions. Costs of appeal and before Appeal Committee awarded to appellant.
Cites 1 case