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

3. Defence costs in summary proceedings
(1) Where—
(a) an information or complaint laid before a magistrate is not proceeded with;
(b) a magistrate inquiring into an indictable offence determines not to commit the defendant for trial;
(c) a magistrate dealing with a summary offence or any offence summarily dismisses the information or complaint or acquits the defendant; or
(d) a magistrate, under section 104 of the Magistrates Ordinance (Cap. 227)— (Amended 14 of 2003 s. 10)
(i) on the application of the defendant or on his own initiative reviews his decision, and on that review reverses or varies his decision; or
(ii) on the application of the prosecutor reviews his decision, and on that review confirms his decision, (Amended 14 of 2003 s. 10) 
the magistrate may order that costs be awarded to the defendant.
(2) An order for costs under subsection (1) shall not exceed $30,000, unless—
(a) the defendant and the prosecutor have agreed upon the terms of any order to be made by the magistrate for costs exceeding that sum; or
(b) the magistrate, in the absence of any such agreement, orders that those costs be taxed.
(3) The Chief Justice may, with the approval of the Legislative Council, by order, amend the sum specified in subsection (2).

4. Defence costs if not tried
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.
(Amended 25 of 1998 s. 2)

5. Defence costs in case of acquittal
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.
(Amended 25 of 1998 s. 2)

6. Defence costs in case of partial acquittal on multiple charge
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.
(Amended 25 of 1998 s. 2)

7. Defence costs on discharge after committal without a hearing
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.

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

8. Defence costs on appeal from magistrate
Where a judge—
(a) allows an appeal to which section 105 or 113 of the Magistrates Ordinance (Cap. 227) applies, in the exercise of his powers under section 120 of that Ordinance; or
(b) in any appeal against sentence imposed by a magistrate, quashes the sentence and in place of it imposes a less severe punishment than that so imposed,
the judge may order that costs be awarded to the defendant.

9. Defence costs where appeal allowed by Court of Appeal
(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—
(a) under section 82 of the procedural Ordinance against conviction;
(b) under section 83G or 83H of the procedural Ordinance against sentence, if and only if, the Court of Appeal quashes the sentence and in place of it imposes a less severe punishment than that imposed by the court below, under section 83I(4) of that Ordinance;
(c) under section 83J of the procedural Ordinance against a verdict of not guilty by reason of insanity, except where the Court of Appeal deals with the appeal under section 83K(4)(a) of that Ordinance;
(d) under section 83M of the procedural Ordinance against a finding under section 75 of that Ordinance that the defendant is under a disability, except where the Court of Appeal deals with the appeal under section 83N(3) of that Ordinance.

9A. Defence costs where Court of Appeal dismisses appeal by way of case stated
If the Court of Appeal dismisses 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 may order that costs be awarded to the defendant. 
(Added 23 of 2002 s. 9. Amended 21 of 2023 s. 8)

9B. Defence costs on unsuccessful application by prosecutor for a certificate of Court of Appeal or Court of First Instance
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)

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

10. Defence costs to be a charge on the general revenue or recoverable as a civil debt
Any costs awarded to a defendant by virtue of an order made under this Part shall—
(a) in respect of criminal proceedings instituted by or on behalf of the Government, be charged on the general revenue;
(b) in respect of criminal proceedings instituted by or on behalf of any person other than the Government, be a charge against such person and a debt due to the defendant from that person and be recoverable as a civil debt.

11. Prosecution costs in summary proceedings
(1) Where—
(a) a defendant is convicted by a magistrate or a magistrate makes an order on complaint in respect of a defendant under the Magistrates Ordinance (Cap. 227); or
(b) a magistrate, under section 104 of that Ordinance, on the application of the defendant reviews and subsequently confirms his decision to convict a defendant or to make an order on complaint in respect of a defendant,
the magistrate may order that costs be awarded to the prosecutor.
(2) An order for costs under subsection (1) shall not exceed $30,000, unless—
(a) the defendant and the prosecutor have agreed upon the terms of any order to be made by the magistrate for costs exceeding that sum; or
(b) the magistrate, in the absence of any such agreement, orders that those costs be taxed.
(3) The Chief Justice may, with the approval of the Legislative Council, by order, amend the sum specified in subsection (2).

12. Prosecution costs for indictable offences
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.
(Amended 25 of 1998 s. 2)

13. Prosecution costs where judge or Court of Appeal dismisses unmeritorious appeal by defendant
Where a defendant unsuccessfully—
(a) appeals to a judge from any conviction, order or determination of a magistrate; or
(b) appeals to the Court of Appeal against—
(i) his conviction of an offence or any other finding or verdict made in respect of him; or
(ii) sentence; or
(c) applies to the Court of Appeal for leave to appeal against any of the matters referred to in paragraph (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.