Hong Kong Ordinances

ADMINISTRATIVE APPEALS BOARD ORDINANCE - SECT 22

Provision relating to costs and witness expenses

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

(1) The Board shall only make an award as to costs under section  21 (1)(k)-

   (a)  against an appellant, if it is satisfied that he has conducted his
        case in a frivolous or vexatious manner; and

   (b)  against any other party to the appeal, if it is satisfied that in all
        the circumstances of the case it would be unjust and inequitable not
        to do so.

(2) Any sum awarded under section 21(1)(k) to any of the parties to 
the appeal shall be a debt due to those parties from such of the other
parties to the appeal as the Board may order and be enforceable as a civil
debt; and any sum payable by a public officer in right of the Government of
Hong Kong or any public body or body established by or by virtue of any
enactment shall, subject to subsection (5), be charged on the general revenue.

(3) Any sum payable under section 21(1)(l) as an allowance for the expenses of
any witness shall be a charge against such of the parties to  the appeal as
the Board may order and be enforceable as a civil debt; and any sum payable by
a public officer in right of the Government of Hong Kong or any public body or
body established by or by virtue of any enactment shall, subject to subsection
(5), be charged on the general revenue.

(4) The Board-

   (a)  may assess the amount of costs to be awarded under section  21 (1)(k);
        or

   (b)  may order that those costs be taxed on the basis of any one of the
        scale of costs specified in Part I of Schedule 1 to Order 62 of the
        Rules of the District Court (Cap 336 sub. leg. H), (Amended 25 of 2008
        s. 18) and the Schedules to Order 62 of the Rules of the
        High Court (Cap 4 sub. leg. A) shall apply to the award, taxation and
        recovery of costs. (Amended 25 of 1998 s. 2)

(5) Any sum payable under subsection (2) or (3) by any public body or body
established by or by virtue of any enactment, that is specified in a note in
the Schedule for the purposes of this subsection shall not be charged on the
general revenue but shall, instead, be a charge against that public body or
body so specified. (Enacted 1994)