Make wealthy defendants pay their trial costs, says Hong Kong prosecutor in forged will appeal

The prosecutor in former feng shui master Peter Chan Chun-chuen’s forged will case urged the Court of Appeal to consider adding remarks about costs in criminal cases, arguing it unfair the public had to pay costs for wealthy defendants.

Barrister David Perry QC made the request, noting the criminal proceeding ordinance in Hong Kong did not allow the prosecution to ask for costs from the defendant in a criminal trial even if the defendant was convicted.

Citing cases of billionaire defendants whose trials went on more than 100 days, he asked: “Why do the people of Hong Kong have to pay for the costs of their trial?”

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Perry said he would not ask Chan to pay for his trial costs as the law still did not allow the prosecution to lodge such a request.

He urged the appeals court to consider offering its views on the issue in its judgment so that the law could be amended for similar cases in future.

Chan, 55, was convicted of forging and using a fake will in 2013 after laying claim to the estate of late billionaire Nina Wang Kung Yu-sum. The estate was valued at HK$83 billion. He was jailed for 12 years.

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His lawyer, James Wood QC, yesterday asked the appeal court’s judges to consider reducing Chan’s sentence.