XN000022-1995-11-02 — Page 88

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Costs in Criminal Cases Bill introduced into LegCo

A Bill which sets out a fair and coherent set of principles governing the award of costs in criminal proceedings was introduced into the Legislative Council today (Thursday).

Moving the second reading of the Costs in Criminal Cases Bill, the Attorney General, the Hon Jeremy Mathews, said the purpose of this Bill was to reform the existing law and practice governing the award of costs in criminal cases by removing anomalies and inconsistencies and by providing a clear set of principles applicable to all levels of criminal courts.

Mr Mathews said: "At present, in the magistrates' court, costs may be awarded to a defendant who has been acquitted only if the magistrate is satisfied that the proceedings ought not to have been instituted or pursued.

"But in the High Court and District Court, a different test applies, in that costs are normally to be awarded to the acquitted defendant unless there are positive reasons for their not being so awarded, namely that he has brought suspicion on himself and has misled the prosecution into thinking the case against him is stronger than it is," he said.

"Thus, in the magistrates' courts, an acquitted person carries the burden of demonstrating that the prosecution is at fault; in the District Court and High Court, he will normally be awarded costs unless he is at fault or the acquittal turns on a technicality."

Mr Mathews said the Bill provided that the same guiding principles for the award of costs should apply in all courts, and that the court should be given a complete discretion on the question of costs.

That discretion, he added, should normally be exercised in favour of the acquitted person unless there should be positive reasons for not so doing,

He noted that the Bill also provided that costs limit in the magistrates' court should be increased from $5,000, which was set in 1981, to $15,000 unless they were to be assessed by an official of the court or had been agreed by the prosecution and the defence.