### Costs in Criminal Cases Ordinance 《刑事案件訟費條例》

13A. Prosecution costs where Court of Appeal allows appeal by way of case stated
If on hearing an appeal under section 81DA of the Criminal Procedure Ordinance (Cap. 221) or 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. Amended 21 of 2023 s. 10)

13B. Prosecution costs on unsuccessful application by defendant for a certificate of Court of Appeal or Court of First Instance
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)

14. Prosecution costs to be recoverable as a civil debt
(1) Any costs awarded to a prosecutor by virtue of an order made under this Part shall be a debt due to the prosecutor from the defendant and be recoverable as a civil debt.
(2) Where prior to an order being made under this Part any moneys were taken from a defendant on his apprehension, arrest, being taken into custody or his surrender to custody or were paid into court by a defendant, the court may, on the making of any such order, order that the payment of any costs awarded to the prosecutor or any part thereof be made out of any moneys so taken or paid.
(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).

### Costs in Criminal Cases Ordinance 《刑事案件訟費條例》

15. General principles
In any criminal proceedings—
(a) the costs that may be awarded by virtue of an order shall not be punitive but shall be such sums as appear to a court or a judge reasonably sufficient to compensate any party to the proceedings for any expenses properly incurred by him in the course of those proceedings, including any proceedings preliminary or incidental thereto;
(b) a court or a judge may have regard to any assessment laid before it or him for their assistance by any party to the proceedings of the amount of costs properly so incurred by any such party;
(c) an order as to costs shall be such as a court or a judge considers just and reasonable;
(d) the amount to be paid in pursuance of an order as to costs shall, unless an order for taxation is made under section 20, be specified in that order;
(e) the question of whether or not an order as to costs ought to be made in respect of any expenses properly incurred by any party to the proceedings in the course of the proceedings, including any proceedings preliminary or incidental thereto, may be adjourned until the end of those proceedings;
(f) a court or a judge may take into account any other order as to costs which has been made in respect of those proceedings.

16. Liability for costs of legally aided defendant
(1) The Director of Legal Aid shall not be liable for any costs awarded to a prosecutor by virtue of an order made under this Part in respect of a legally aided defendant.
(2) Except in the circumstances and to the extent mentioned in subsection (3), a legally aided defendant shall not be liable for any costs awarded to a prosecutor in respect of him by virtue of an order made under this Part.
(3) The circumstances and extent referred to in subsection (2) are—
(a) that he has paid or is liable to pay a contribution to the Director of Legal Aid;
(b) that the maximum contribution paid or payable by him is more than the net liability of the Director of Legal Aid on his account within the meaning of section 18A(2) of the Legal Aid Ordinance (Cap. 91) and the Director of Legal Aid has repaid or is liable to repay the excess to him; and
(c) his liability shall not be more than the amount of that excess.

17. Costs unnecessarily or improperly incurred
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.

### Costs in Criminal Cases Ordinance 《刑事案件訟費條例》

18. Liability of legal or other representatives for wasted costs
(1) In any criminal proceedings a court or a judge may order the legal or other representative concerned to meet the payment of any wasted costs or any part thereof.
(2) No order under subsection (1) shall be made unless the legal or other representative concerned has been given a reasonable opportunity to appear before the court or the judge and show cause why the order should not be made.
(3) When determining whether or not to make an order under subsection (1), the court or the judge shall, in addition to all other relevant circumstances, take into account the interest that there be fearless advocacy under the adversarial system of justice.
(4) Subject to subsection (5), any wasted costs ordered to be paid by a legal or other representative under subsection (1) shall be a debt due to the party to the proceedings in whose favour such order was made from the representative and enforceable as a civil debt.
(5) Where an order is made under subsection (1) in favour of a legally aided defendant, the wasted costs ordered to be paid shall be a debt due to the Director of Legal Aid and enforceable as a civil debt by the Director in his own name.
(6) Where an order is made under subsection (1) against a legal officer or a Legal Aid Officer having or exercising a right of audience or conducting litigation on behalf of the Government, the wasted costs ordered to be paid shall be charged on the general revenue.
(Replaced 10 of 2008 s. 21)

19. Appeals against award of costs
(1) Where a court or a judge has made an order that costs be awarded to any of the parties to the proceedings any of such parties may appeal against that order.
(2) A legal or other representative who has been ordered to meet the payment of any wasted costs or any part thereof may appeal against that order.
(3) Where the order for costs which is the subject of an appeal under this section was made—
(a) by a magistrate, the appeal shall lie to the Court of First Instance;
(b) by the District Court or the Court of First Instance, the appeal shall lie to the Court of Appeal. (Amended 25 of 1998 s. 2)
(4) On an appeal under this section a court or a judge shall, if it or he allows the appeal, quash the order which is the subject of the appeal and subject to subsection (5), make such order for costs in place of it, as it or he thinks appropriate for the case.
(5) An order for costs under subsection (4) may not, in the case where a prosecutor successfully appeals under subsection (1) against an order made in respect of a defendant, include an order that the defendant meet the payment of the prosecutor’s costs on that appeal or any part thereof.