Hong Kong Regulations

SOLICITORS (GENERAL) COSTS RULES - RULE 3

Scales of costs in certain non-contentious matters

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) The scales of costs set out in Parts I, II and III of the First Schedule
shall be the costs chargeable in relation to the non-contentious business to
which they are respectively expressed to apply.

(2) If the same non-contentious business is chargeable under more than one of
the scales of costs set out in the First Schedule, the higher scale of costs
shall apply.

(3) The costs specified in the Second Schedule shall be the costs chargeable
in relation to the matters specified in that Schedule.

(4) In the case of any non-contentious business to which the First or Second
Schedule applies which is uncompleted, a solicitor may charge therefor under
rule 5.

(5) In any case to which the First or Second Schedule applies, a solicitor
may, before undertaking any non-contentious business, by writing under his
hand, communicated to the client, elect that his remuneration shall be in
accordance with rule 5, but such remuneration shall not be charged at a rate
less than that chargeable under the scale applicable to that non-contentious
business; but if no such election shall be made, his remuneration shall be
according to the scales set out in these rules. (L.N. 356 of 1980)

(6) The costs set out in the First and Second Schedules are those chargeable
in relation to the work normally associated with the non-contentious business
involved, but do not relate to any additional work undertaken by a solicitor
including negotiations by a solicitor whether by means of a conference,
correspondence or otherwise. (L.N. 356 of 1980; L.N. 343 of 1983)

(7) For the purposes of paragraph (6), a dispute as to whether any work is
normally associated with the non-contentious business involved shall be
resolved by the taxing master of the High Court, who may, before resolving the
dispute, consult the Council. (L.N. 356 of 1980; 25 of 1998 s. 2)