Hong Kong Ordinances

LEGAL PRACTITIONERS ORDINANCE - SECT 68

Taxation application of third parties

(1) Where a person other than the person who is the party chargeable with the
bill for the purposes of section 67 has paid, or is or was liable to pay, the
bill to the solicitor or the foreign lawyer, or to the party chargeable with
the bill, that person or his executors, administrators or assignees may apply
to the Court for an order for the taxation of the bill as if he were the party
chargeable therewith, and the Court may make thereon the same order, if any,
as it might have made if the application had been made by that party: Provided
that, in cases where the Court has no power to make an order except in special
circumstances, the Court may, in considering whether there are special
circumstances sufficient to justify it in making an order, take into account
circumstances affecting the applicant but which do not affect the party
chargeable with the bill.

(2) If a trustee, executor or administrator has become liable to pay a bill of
a solicitor or of a foreign lawyer the Court may, upon the application of any
person interested in any property out of which the trustee, executor or
administrator has paid, or is entitled to pay, the bill, and upon such terms,
if any, as it thinks fit, order the bill to be taxed, and may order such
payments, in respect of the amount found due to or by the solicitor or the
foreign lawyer and in respect of the costs of the taxation, to be made to or
by the applicant, or to or by the solicitor or the foreign lawyer, or to the
executor, administrator or trustee as it thinks fit: Provided that in
considering any such application the Court shall have regard to-

   (a)  the provisions of section 67 as to applications by the party
        chargeable with a solicitor's bill or a foreign lawyer's bill so far
        as they are capable of being applied to an application made under this
        subsection;

   (b)  the extent and nature of the interest of the applicant.

(3) If an applicant under subsection (2) pays any money to the solicitor or
the foreign lawyer, he shall have the same right to be paid that money by the
trustee, executor or administrator chargeable with the bill as the solicitor
or the foreign lawyer had

(4) On an application made under this section-

   (a)  except in special circumstances, no order shall be made for the
        taxation of a bill which has already been taxed;

   (b)  the Court may, if it orders taxation of the bill, order the solicitor
        or the foreign lawyer to deliver to the applicant a copy of the bill
        upon payment of the costs of that copy. (Amended 80 of 1997 s. 41)
        [cf. 1957 c. 27 s. 70 U.K.]