Hong Kong Ordinances

LEGAL PRACTITIONERS ORDINANCE - SECT 67

Taxation of bills on application of party chargeable on solicitor or foreign lawyer

(1) On the application, made within 1 month of the delivery of a solicitor's
bill or a foreign lawyer's bill, of the party chargeable therewith the Court
shall, without requiring any sum to be paid into court, order that the bill
shall be taxed and that no action shall be commenced thereon until the
taxation is completed. (Amended 80 of 1997 s. 40)

(2) If no such application is made with in the period mentioned in subsection
(1), then, on the application of the solicitor or the foreign  lawyer or of
the party chargeable with the bill, the Court may, upon such terms, if any, as
it thinks fit (not being terms as to the costs of the taxation), order-
(Amended 80 of 1997 s. 40)

   (a)  that the bill shall be taxed;

   (b)  that, until the taxation is completed, no action shall be commenced on
        the bill, and any action already commenced be stayed: Provided that-

        (i)    if 12 months have expired from the delivery of the bill, or if
               the bill has been paid, or if a verdict has been obtained or a
               writ of inquiry executed in an action for the recovery of the
               costs covered thereby, no order shall be made on the
               application of the party chargeable with the bill except in
               special circumstances and, if an order is made, it may contain
               such terms as regards the costs of the taxation as the Court
               may think fit;

        (ii)   if the bill has been paid, no order under this subsection shall
               be made where the application for the order is made after the
               expiration of 12 months from the date of payment of the bill.
               (Replaced 61 of 1992 s. 24)

(3) Every order for the taxation of a bill shall require the taxing officer to
tax not only the bill but also the costs of taxation and to certify what is
due to or by the solicitor in respect of the bill and in respect of the costs
of the taxation.

(4) If after due notice of any taxation either party thereto fails to attend,
the taxing officer may proceed with the taxation ex parte.

(5) Unless-

   (a)  the order for taxation was made on the application of the solicitor or
        the foreign lawyer, and the party chargeable does not attend the
        taxation; or (Amended 80 of 1997 s. 40)

   (b)  the order for taxation otherwise provides, the costs of the taxation
        shall be paid according to the event of the taxation, that is to say,
        if one-sixth or more of the amount of the bill is taxed off, the
        solicitor or the foreign lawyer, shall pay the costs, but otherwise
        the party chargeable shall pay the costs: (Amended 80 of 1997 s. 40)
        Provided that-

        (i)    if, in the case of a bill for non-contentious business, not
               less than half of the amount of the bill before taxation
               consists of costs for which no scale charge is prescribed, for
               the reference in this subsection to one-sixth of the amount of
               the bill there shall be deemed to be substituted a reference to
               one-fifth thereof;

        (ii)   the taxing officer may certify any special circumstances
               relating to the bill or the taxation thereof to the Court, and
               the Court may make thereon any such order as it thinks fit
               respecting the payment of the costs of the taxation. [cf. 1957
               c. 27 s. 69 U.K.]