FACC Nos6, 7, 8, 10, 11 & 12 of 2010
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
FINAL APPEAL NOS6, 7, 8, 10, 11 & 12 OF 2010 (CRIMINAL)
(ON APPEALFROM CACC NO. 302 OF 2008)
Between: FACC Nos6, 7, 10, 11 & 12 of 2010 ————- FACC No.8 of 2010 ____________________
FACC Nos6, 7, 10, 11 & 12 of 2010
FACC No.8 of 2010
JUDGMENT ON COSTS
Mr Justice Bokhary PJ:
1. This judgment on costs should be read together with the judgment handed down on 15 July 2011. What was said there need not be repeatedhere.
2. Ms Vivien Fan seeks, to quote from para.9 of her written submissions on costs:
3. Mr Simon Lai seeks, to quote from para.21 of his written submissions on costs:
4. Ms Fiona Lam seeks, to quote from para.1.3 of her written submissions on costs:
She seeks those costs with a certificate for two counsel where more than one counsel was engaged.
5. Mr Donald Koo seeks, to quote from para.9 of his written submissions on costs:
He seeks a certificate for three counsel.
6. Finally, Mr HA Rahman, who was eventually on legal aid, seeks, to quote from para.2 of his written submissions on costs:
7. The prosecution, asserting that all the defendants/appellants had brought suspicion upon themselves, submits that none of them shouldbe awarded any costs in respect of the trial. That assertion is not made out. What the prosecution puts forward in support of itgoes at the most to why the prosecution may have felt it right to prosecute the defendants/appellants. It does not go to show thatany of them had brought suspicion upon himself or herself.
8. As to costs in the Court of Appeal and in this Court, the prosecution submits that the defendants/appellants, if they are awardedany costs at all, should only be awarded costs limited to the points on which they succeeded. There is no reason to impose any suchlimit. It will be remembered that we said that there had been raised on behalf of each defendant/appellant points other than thoseon which it had been necessary for us to act and that it was not to be assumed that those points were without substance.
9. The prosecution resists certificates for three counsel. As we observed in para.11 of the judgment on costs dated 16 November 2010in HKSAR v. Kevin Egan, Andrew Lam v. HKSAR, FACC Nos. 3 and 5 of 2009, “[a]lthough there is no express provision for certifying a criminal case fit for the employment ofany particular number of counsel, it is open to a Court to assist the taxing officer by so certifying.” In all the circumstances,we grant each defendant/appellant the certificate which he or she seeks.
10. As far as the defendants/appellants who have never been on legal aid are concerned – they being Ms Fan, Mr Lai, Ms Lam and MrKoo – we award them costs of and incidental to the proceedings here and in all the courts below – those being the Magistrates’Court, the District Court and the Court of Appeal. The costs here which we award include the costs of and incidental to these writtensubmission on costs. All the costs awarded are to be taxed on the basis indicated in para.9 of the Egan costs judgment, namely on the basis of what appears to the Registrar as reasonably sufficient to compensate the defendants/appellantsfor expenses properly incurred by them.
11. All of what is said in the immediately preceding paragraph applies also to Mr Rahman before he was on legal aid. As to his costson appeal to the Court of Appeal and on appeal to this Court, he is awarded his contributions of $15,204 and $9,020 respectively.
Written submissions by Mr Michael Blanchflower SC and Ms Chyvette Ip (instructed by Messrs David Lo & Partners) for Ms VivienFan (being the appellant in FACC 6 of 2010 and the respondent in FACC No.8 of 2010)
Written submissions by Mr Ian Winter QC (instructed by Messrs Haldanes) for Mr Simon Lai (being the appellant in FACC No.7 of 2010)
Written submissions by Ms Maggie Wong (instructed by Messrs C S Chan & Co.) for Ms Fiona Lam (being the appellant in FACC No.10of 2010)
Written submissions by Mr Collingwood Thompson QC and Mr Victor Dawes (instructed by Messrs Hastings & Co.) for Mr Donald Koo(being the appellant in FACC No.11 of 2010)
Written submissions by Mr Graeme A Mackay and Ms Jolie Chao (instructed by Messrs Cheung, Tong & Rosa and assigned by the LegalAid Department) for Mr H A Rahman (being the appellant in FACC No.12 of 2010)
Written submissions by Mr Kevin P Zervos, SC and Mr Anthony Chau (of the Department of Justice) for the prosecution (being the appellantin FACC No.8 of 2010 and the respondent in FACC Nos 6, 7, 10, 11 & 12 of 2010)