Hong Kong Ordinances

LEGAL PRACTITIONERS ORDINANCE - SECT 74

Costs Committee

(Past version on 01/07/2004).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) There is hereby established a Costs Committee consisting of the following
persons-

   (a)  a judge of the Court of First Instance appointed by the Chief Justice
        as Chairman; (Replaced 52 of 1980 s. 2. Amended 25 of 1998 s. 2)

   (b)  the Registrar of the High Court or a senior deputy registrar or deputy
        registrar of the High Court; (Amended 25 of 1998 s. 2; 10 of 2005 s.
        176)

   (c)  for the purposes of the Solicitors (General) Costs Rules ( Cap  159
        sub. leg. G), the Director of Lands, or his representative approved by
        the Chief Justice; (Replaced 8 of 1993 s. 21. Amended L.N. 291 of
        1993)

   (ca) for the purposes of the Solicitors (Trade Marks and Patents) 
        Costs Rules ( Cap 159 sub. leg. I), the Director of Intellectual
        Property, or his representative approved by the Chief Justice; (Added
        8 of 1993 s. 21. Amended 94 of 1997 s. 13)

   (d)  the President and one of the Vice-Presidents of the Society and 2
        members of the Society nominated by the Society and approved by the
        Chief Justice. (Amended 70 of 1991 s. 12; 94 of 1997 s. 13)

   (e)  3 persons appointed by the Chief Executive who, in the opinion of the
        Chief Executive, can represent the interests of consumers of legal
        services. (Added 94 of 1997 s. 13. Amended 11 of 1999 s. 3)

(1A) None of the persons appointed under subsection(1)(e) may be a legal
practitioner or a public officer. (Added 94 of 1997 s. 13)

(2) The quorum for a meeting of the Costs Committee is the Chairman and 5
members. (Replaced 94 of 1997 s. 13)

(3) The Costs Committee may make rules-

   (a)  providing for the remuneration of solicitors in respect of
        non-contentious business;

   (b)  prescribing that, as regards the mode of remuneration, it shall be
        according to the scale of rates or percentage varying or not in
        different classes of business, or by a gross sum, or by a fixed sum
        for each document prepared or perused, without regard to length, or in
        any other mode, or partly in one mode and partly in another;

   (c)  regulating the amount of remuneration with reference to all or any of
        the following, among other, considerations, that is to say-

        (i)    the position of the party for whom the solicitor is concerned
               in the business, that is, whether as vendor or purchaser,
               lessor or lessee, mortgagor or mortgagee, and the like;

        (ii)   the place where, and the circumstances in which, the business
               or any part thereof is transacted;

        (iii)  the amount of the capital money or rent to which the business
               relates;

        (iv)   the skill, labour and responsibility involved therein on the
               part of the solicitor;

        (v)    the number and importance of the documents prepared or perused,
               without regard to length;

   (d)  authorizing and regulating the taking by a solicitor from his client
        of security for payment or otherwise, which may become due to him
        under any such rule; and

   (e)  authorizing and regulating the allowance of interest on costs and
        expenses.

(4) Every rule made under this section shall be subject to the prior approval
of the Chief Justice.

(5) So long as any rules made under this section are in operation, taxation of
bills of costs of solicitors in respect of non-contentious  business shall,
subject to the provisions of section 5, be regulated by such rules.