Hong Kong court says judge wrong to order lawyer to pay HK$1,400 over being late

A Hong Kong court has ruled that a judge was wrong to order a barrister to pay HK$1,400 (US$178) in compensation to other lawyers at a criminal trial for being 10 minutes late to a hearing.

The Court of Appeal on Thursday quashed a rare wasted costs order made against counsel Cherry Hui Shuk-yee, who said she was caught in a traffic jam amid a rainstorm that caused her to arrive late to the District Court on July 31, 2024.

According to the appellate court’s ruling, Judge Eddie Yip Chor-man had ordered that Hui, who represented one of seven defendants in the trial, pay HK$200 each to the prosecution and counsel representing the remaining accused within a month, totalling HK$1,400, because he “had to perform his case management function”.

While saying he had no reason to disbelieve Hui’s account or question her integrity, Yip maintained that her explanation offered no reasonable excuse because rainstorms and traffic accidents were common occurrences in the city.

The Court of Appeal previously described wasted costs orders against lawyers as a “punitive” and “draconian” measure that should only be meted out for “seriously improper act or omission, or serious misconduct”.

Mr Justice Kevin Zervos, who penned the appellate court’s judgment, said the “minor” delay and “minimal” costs incurred by Hui’s late arrival to court clearly did not warrant such a penalty.