HKSAR V. HUI SHUK YEE CHERRY

[2025] HKCA 647 Court of Appeal 24 July 2025 • CACC173/2024 • 20 min read

5 cases cited (0 HK, 5 foreign)

Outcome

Appeal allowed

We allowed the appeal and quashed the wasted costs order against the appellant.

Source: [2025] HKCA 647, Court of Appeal, decided 24 July 2025. Read directly from the judgment.

Judges (3)

M Poon Coram Macrae Coram Zervos Coram

Counsel (5)

Department of Justice Firm Tse Yuen Ting Wong Firm Andrew Bruce Counsel Appellant Denise Souza Counsel Appellant Jennifer Fok Counsel Respondent

Parties (2)

HKSAR Respondent Hui Shuk Yee Cherry Appellant

Case Significance

HKSAR V. HUI SHUK YEE CHERRY [2025] HKCA 647 is a Court of Appeal criminal costs decision dated 24 July 2025, concerning a wasted costs order made under section 19(2) of the Costs in Criminal Cases Ordinance. The Court of Appeal allowed the appeal, holding that "We allowed the appeal and quashed the wasted costs order against the appellant.", setting aside the costs order that had been made against the appellant.

Summary

Appeal by barrister Hui Shuk Yee Cherry against a wasted costs order of HK$200 per party imposed by District Court Judge E Yip for being late for court during the trial of DCCC 915/2022. The Court of Appeal (Macrae VP, Zervos and M Poon JJA) considered whether the wasted costs order was properly made and proportionate to the circumstances.

What was the outcome of HKSAR v Hui Shuk Yee Cherry ([2025] HKCA 647)?

In HKSAR V. HUI SHUK YEE CHERRY [2025] HKCA 647, the Court of Appeal allowed the appeal and quashed the wasted costs order made against the appellant under section 19(2) of the Costs in Criminal Cases Ordinance.