Chapter: | 492 | COSTS IN CRIMINAL CASES ORDINANCE | Gazette Number | Version Date |
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Long title | 30/06/1997 |
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An Ordinance to provide for costs in criminal cases.
(Enacted 1996) [17 January 1997] L.N. 25 of 1997 (Originally 39 of 1996)
Section: | 1 | Short title | 30/06/1997 |
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PART I
PRELIMINARY
Section: | 2 | Interpretation | 10 of 2008 | 09/05/2008 |
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In this Ordinance, unless the context otherwise requires"contribution" (分擔費用) has the meaning assigned to it in section 2 of the Legal Aid Ordinance (Cap 91); "court" (法院) includes a magistrate, the District Court, the Court of First Instance and the Court of Appeal;
(Amended 25 of 1998 s. 2) "defendant" (被告人) includes-
(d) in the case of a defendant who is appealing against conviction or any other finding or verdict made in respect of him or sentence, an appellant; "Director of Legal Aid" (法律援助署署長) has the meaning assigned to "Director" in section 2 of the Legal Aid Ordinance (Cap 91); "District Judge" (區域法院法官) includes a Deputy District Judge; (Amended 25 of 1998 s. 2) "information" (告發) has the meaning assigned to it in section 2 of the Magistrates Ordinance (Cap 227); "judge" (法官) means a Justice of Appeal, a judge of the Court of First Instance, a recorder of the Court of First Instance and a deputy judge of the Court of First Instance; (Amended 25 of 1998 s. 2) "Legal Aid Officer" (法律援助主任) has the meaning assigned to it in section 2 of the Legal Aid ordinance (Cap 91); "legal officer" (律政人員) has the meaning assigned to it in section 2 of the Legal Officers Ordinance (Cap 87); "legal or other representative" (法律代表或其他代表) includes any person who has a right of audience or a right to conduct litigation on behalf of any party to the proceedings or who is exercising any such right; "legally aided defendant" (獲法律援助的被告人) has the meaning assigned to "aided person" in section 2 of the Legal Aid Ordinance (Cap 91); "party to the proceedings" (法律程序中一方) means the defendant or the prosecutor;
"procedural Ordinance" (程序條例) means the Criminal Procedure Ordinance (Cap 221); "prosecutor" (檢控人) includes-
respect of him or sentence, the respondent in any such appeal; "wasted costs" (虛耗訟費) means any costs incurred by a party to the proceedings-
(Enacted 1996)
Section: | 3 | Defence costs in summary proceedings | 14 of 2003 | 09/05/2003 |
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PART II
DEFENCE COSTS
(1) Where
decision, (Amended 14 of 2003 s. 10) the magistrate may order that costs be awarded to the defendant.
subsection (2). (Enacted 1996)
Section: | 4 | Defence costs if not tried | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
Where a defendant is not tried for an offence for which he has been indicted or committed for trial, the District Court or the Court of First Instance may order that costs be awarded to the defendant. (Enacted 1996. Amended 25 of 1998 s. 2)
Section: | 5 | Defence costs in case of acquittal | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
Where after trial in the District Court or the Court of First Instance a defendant is acquitted, the District Court or the Court of First Instance may order that costs be awarded to the defendant. (Enacted 1996. Amended 25 of 1998 s. 2)
Section: | 6 | Defence costs in case of partial acquittal on multiple charge | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
Without affecting the power conferred on a magistrate under section 3(1)(c) or, on the District Court or the Court of First Instance under section 5 to order that costs be awarded to a defendant who is acquitted, where a defendant who is charged with the commission of more than one offence is acquitted of one or more than one but not all of any of such offences, the court may in relation to all or any of such acquittals order that costs be awarded to the defendant.
(Enacted 1996. Amended 25 of 1998 s. 2)
Section: | 7 | Defence costs on discharge after committal without a hearing | 30/06/1997 |
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Where a judge directs that a defendant be discharged under section 16 of the procedural Ordinance, the judge may order that costs be awarded to the defendant. (Enacted 1996)
Section: | 8 | Defence costs on appeal from magistrate | 30/06/1997 |
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Where a judge-
the judge may order that costs be awarded to the defendant. (Enacted 1996)
Section: | 9 | Defence costs where appeal allowed by Court of Appeal | 30/06/1997 |
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(1) Where the Court of Appeal allows an appeal to which this section applies, the Court of Appeal may order that costs be awarded to the defendant.
(2) This section applies to any appeal-
(Enacted 1996)
Section: | 9A | Defence costs where Court of Appeal dismisses appeal by way of case stated | 23 of 2002 | 19/07/2002 |
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If the Court of Appeal dismisses an appeal under section 84 of the District Court Ordinance (Cap 336), the Court of Appeal may order that costs be awarded to the defendant. (Added 23 of 2002 s. 9)
Section: | 9B | Defence costs on unsuccessful application by prosecutor for a certificate of Court of Appeal or Court of First Instance | 10 of 2005 | 08/07/2005 |
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Where the prosecutor unsuccessfully applies to the Court of Appeal or the Court of First Instance for a certificate under section 32(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484), and the Court of Appeal or the Court of First Instance, as the case may be, is satisfied that the application is without merit, the Court of Appeal or the Court of First Instance, as the case may be, may order that costs be awarded to the defendant.
(Added 10 of 2005 s. 45)
Section: | 10 | Defence costs to be a charge on the general revenue or recoverable as a civil debt | 30/06/1997 |
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Any costs awarded to a defendant by virtue of an order made under this Part shall-
(Enacted 1996)
Section: | 11 | Prosecution costs in summary proceedings | 30/06/1997 |
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PART III
PROSECUTION COSTS
(1) Where
the magistrate may order that costs be awarded to the prosecutor.
subsection (2). (Enacted 1996)
Section: | 12 | Prosecution costs for indictable offences | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
Where a defendant is convicted of an offence by or before the District Court or the Court of First Instance, the District Court and the Court of First Instance may, in addition to such sentence as may otherwise be passed by law, order that costs be awarded to the prosecutor.
(Enacted 1996. Amended 25 of 1998 s. 2) Where a defendant unsuccessfully-
Section: | 13 | Prosecution costs where judge or Court of Appeal dismisses unmeritorious appeal by defendant | 30/06/1997 |
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(a), and the judge or the Court of Appeal is satisfied that the appeal or the application, as the case may be, is or was without merit, the judge or the Court of Appeal may order that costs be awarded to the prosecutor.
(Enacted 1996)
Section: | 13A | Prosecution costs where Court of Appeal allows appeal by way of case stated | 23 of 2002 | 19/07/2002 |
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If on hearing an appeal under section 84 of the District Court Ordinance (Cap 336), the Court of Appeal reverses the verdict or order of acquittal, the Court of Appeal may order that costs be awarded to the prosecutor. (Added 23 of 2002 s. 10)
Section: | 13B | Prosecution costs on unsuccessful application by defendant for a certificate of Court of Appeal or Court of First Instance | 10 of 2005 | 08/07/2005 |
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Where a defendant unsuccessfully applies to the Court of Appeal or the Court of First Instance for a certificate under section 32(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484), and the Court of Appeal or the Court of First Instance, as the case may be, is satisfied that the application is without merit, the Court of Appeal or the Court of First Instance, as the case may be, may order that costs be awarded to the prosecutor.
(Added 10 of 2005 s. 46)
Section: | 14 | Prosecution costs to be recoverable as a civil debt | 30/06/1997 |
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(3) Subsection (2) shall not apply to moneys that are a first charge for the benefit of the Director of Legal Aid
within the meaning of section 18A(1) of the Legal Aid Ordinance (Cap 91). (Enacted 1996)
Section: | 15 | General principles | 30/06/1997 |
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PART IV
GENERAL PRINCIPLES AND UNNECESSARY AND WASTED COSTS
In any criminal proceedings-
those proceedings. (Enacted 1996)
Section: | 16 | Liability for costs of legally aided defendant | 30/06/1997 |
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(3) The circumstances and extent referred to in subsection (2) are-
Section: | 17 | Costs unnecessarily or improperly incurred | 30/06/1997 |
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Where at any time in the course of criminal proceedings a court or a judge is satisfied that costs have been incurred in respect of the proceedings by a party to the proceedings as a result of an unnecessary or improper act or omission by or on behalf of the other party to the proceedings, the court or the judge may, after hearing all such parties, order that all or part of the costs so incurred shall be paid to the first-mentioned party to the proceedings by the other party to the proceedings.
(Enacted 1996)
Section: | 18 | Liability of legal or other representatives for wasted costs | 10 of 2008 | 09/05/2008 |
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(Replaced 10 of 2008 s. 21)
Section: | 19 | Appeals against award of costs | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
PART V
APPEALS, TAXATION AND RULES
(Enacted 1996)
Section: | 20 | Taxation of costs | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
(1) Where an order for costs is made by a court or a judge under this Ordinance the court or the judge may order that those costs be taxed.
(2) Where an order that costs be taxed is made under this section-
(Amended 25 of 1998 s. 2) (Enacted 1996)
Section: | 21 | Review of taxation of costs | 25 of 1998 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
A party to the proceedings in respect of whom costs have been taxed who is aggrieved by that taxation may apply for the taxation to be reviewed-
(a) in the case of costs taxed under section 20(2)(a), to the Registrar of the District Court; and
(b) in the case of costs taxed under section 20(2)(b), to the Registrar of the High Court, and on receipt of any such application, the Registrar of the District Court or the Registrar of the High Court, as the case may be, shall review the taxation accordingly.
(Enacted 1996. Amended 25 of 1998 s. 2) The Chief Justice may, with the approval of the Legislative Council, make rules and orders providing for
Section: | 22 | Rules and orders | 30/06/1997 |
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Section: | 23 | (Omitted as spent) | 30/06/1997 |
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PART VI | ||||||
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(Omitted as spent) | (Enacted 1996) | |||||
PART VI | ||||||
(Omitted as spent) | (Enacted 1996) |
Section: | 24 | (Omitted as spe | nt) | 30/06/1997 |
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Section: | 25 | Transitional | 30/06/1997 |
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PART VII
TRANSITIONAL
This Ordinance shall not apply to criminal proceedings in respect of offences committed before the coming into operation of this Ordinance. (Enacted 1996)