Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 62

COSTS

Caution: This is a past version. See the current version here.

PRELIMINARY

1. Interpretation (O. 62, r. 1)

(1) In this Order- "certificate" (證明書) includes allocatur; "contentious
business" (爭議事務) means any business done, whether as a solicitor or
advocate, in or for the purpose of proceedings begun before the Court; "costs"
(訟費) includes fees, charges, disbursements, expenses and remuneration;
"the Court" (區域法院) means the District Court or any one or more judges
thereof, whether sitting in court or in chambers, the Registrar or master;
"mentally disordered person" (精神紊亂的人) means a person who is so far
disabled in mind or who is so mentally ill or subnormal due to arrested or
incomplete development of mind as to render it either necessary or expedient
that he, either for his own sake or in the public interest, should be placed
and kept under control; "non-contentious business" (非爭議事務) means any
business done by and as a solicitor which is not contentious business; "taxed
costs" (經評定的訟費) means costs taxed in accordance with this Order;
"taxing master" (訟費評定官) means the Registrar as taxing master.

(2) In this Order, references to a fund, being a fund out of which costs are
to be paid or which is held by a trustee or personal representative, include
references to any estate or property whether immovable or personal held for
the benefit of any person or class of persons; and references to a fund held
by a trustee or personal representative include references to any fund to
which he is entitled

(whether alone or together with any other person) in that capacity, whether
the fund is for the time being in his possession or not.

2. Application (O. 62, r. 2)

(1) This Order shall apply to all proceedings in the Court.

(4) The powers and discretion of the Court as to costs under section 53 of the
Ordinance (which provides that the costs of and incidental to any proceedings
in the Court shall be in the discretion of the Court and that the Court shall
have full power to determine by whom and to what extent the costs are to be
paid) and under the enactments relating to the costs of criminal proceedings
to which this Order applies shall be exercised subject to and in accordance
with this order.

ENTITLEMENT TO COSTS

3. When costs to follow the event (O. 62, r. 3)

(1) Subject to the provisions of this Order, no party shall be entitled to
recover any costs of or incidental to any proceedings from any other party to
the proceedings except under an order of the Court.

(2) If the Court in the exercise of its discretion sees fit to make any order
as to the costs of or incidental to any proceedings, the Court shall, subject
to this Order, order the costs to follow the event, except when it appears to
the Court that in the circumstances of the case some other order should be
made as to the whole or any part of the costs.

(3) The costs of and occasioned by any amendment made without leave in the
writ of summons or any pleading shall be borne by the party making the
amendment, unless the Court otherwise orders.

(4) The costs of and occasioned by any application to extend the time fixed by
these Rules, or any direction or order thereunder, for serving or filing any
document or the doing of any other act (including the costs of any order made
on the application) shall be borne by the party making the application, unless
the Court otherwise orders.

(5) If a party on whom a notice to admit facts is served under Order 27, rule
2, refuses or neglects to admit the facts within 7 days after the service on
him of the notice or such longer time as may be allowed by the Court, the
costs of proving the facts shall be paid by him, unless the Court otherwise
orders.

(6) If a party-

   (a)  on whom a list of documents is served in accordance with Order 24,
        rule 3; or

   (b)  on whom a notice to admit documents is served in accordance with Order
        27, rule 5, gives notice of non-admission of any of the documents in
        accordance with Order 27, rule 4(2) or 5(2), as the case may be, the
        costs of proving that document shall be paid by him, unless the Court
        otherwise orders.

(7) Where a defendant by notice in writing and without leave discontinues his
counterclaim against any party or withdraws any particular claim made by him
therein against any party, that party shall, unless the Court otherwise
directs, be entitled to his costs of the counterclaim or his costs occasioned
by the claim withdrawn, as the case may be, incurred to the time of receipt of
the notice of discontinuance or withdrawal.

(8) Where a plaintiff accepts money paid into court by a defendant who
counterclaimed against him, then, if the notice of payment given by that
defendant stated that he had taken into account and satisfied the cause of
action or, as the case may be, all the causes of action in respect of which he
counterclaimed, that defendant shall, unless the Court otherwise directs, be
entitled to his costs of the counterclaim incurred to the time of receipt of
the notice of acceptance by the plaintiff of the money paid into court.

(9) Where any person claiming to be a creditor seeks to establish his claim to
a debt under any judgment or order in accordance with Order 44, he shall, if
his claim succeeds, be entitled to his costs incurred in establishing it,
unless the Court otherwise directs, and, if his claim or any part of it fails,
may be ordered to pay the costs of any person incurred in opposing it.

(10) Where a claimant is entitled to costs under paragraph (9), the amount of
the costs shall be fixed by the Court unless it thinks fit to direct taxation,
and the amount fixed or allowed shall be added to the claimant's debt.

(11) Where a claimant (other than a person claiming to be a creditor) having
established a claim to be entitled under a judgment or order in accordance
with Order 44 has been served with notice of the judgment or order pursuant to
rule 2 of that Order, he shall, if he acknowledges service of the notice be
entitled as part of his costs of action (if allowed) to costs incurred in
establishing his claim, unless the Court otherwise directs; and where such a
claimant fails to establish his claim or any part of it he may be ordered to
pay the costs of any person incurred in opposing it.

(12) Where an application is made in accordance with Order 24, rule 7A or
Order 29, rule 7A, for an order under section 47A, 47B or 47D of the
Ordinance, the person against whom the order is sought shall be entitled,
unless the Court otherwise directs, to his costs of and incidental to the
application and of complying with any order made thereon and he may, after
giving the applicant 7 days' notice of his intention to do so, tax such costs
and, if they are not paid within 4 days after taxation, sign judgment for
them.

4. Stage of proceedings at which costs to
be dealt with (O. 62, r. 4)

(1) Costs may be dealt with by the Court at any stage of the proceedings or
after the conclusion of the proceedings; and any order of the Court for the
payment of any costs may, if the Court thinks fit, and the person against whom
the order is made is not an assisted person, require the costs to be paid
forthwith notwithstanding that the proceedings have not been concluded.

5. Special matters to be taken into account
in exercising discretion (O. 62, r. 5)

The Court in exercising its discretion as to costs shall, to such extent, if
any, as may be appropriate in the circumstances, take into account-

   (a)  any such offer of contribution as is mentioned in Order 16, rule 10,
        which is brought to its attention in pursuance of a reserved right to
        do so;

   (b)  any payment of money into court and the amount of such payment;

   (c)  any written offer made under Order 33, rule 4A(2); and

   (d)  any written offer made under Order 22, rule 14, provided that
        the Court shall not take such an offer into account if, at the time it
        is made, the party making it could have protected his position as to
        costs by means of a payment into court under Order 22.

6. Restriction of discretion to order costs
(O. 62, r. 6)

(2) Where a person is or has been a party to any proceedings in the capacity
of trustee, personal representative or mortgagee, he shall, unless the Court
otherwise orders, be entitled to the costs of those proceedings, in so far as
they are not recovered from or paid by any other person, out of the fund held
by the trustee or personal representative or the mortgaged property, as the
case may be; and the Court may otherwise order only on the ground that the
trustee, personal representative or mortgagee has acted unreasonably or, in
the case of a trustee or personal representative, has in substance acted for
his own benefit rather than for the benefit of the fund.

7. Costs arising from misconduct or neglect
(O. 62, r. 7)

(1) Where in any cause or matter any thing is done or omission is made
improperly or unnecessarily by or on behalf of a party, the Court may direct
that any costs to that party in respect of it shall not be allowed to him and
that any costs occasioned by it to other parties shall be paid by him to them.

(2) Without prejudice to the generality of paragraph (1), the Court shall for
the purpose of that paragraph have regard in particular to the following
matters, that is to say-

   (a)  the omission to do any thing the doing of which would have been
        calculated to save costs;

   (b)  the doing of any thing calculated to occasion, or in a manner or at a
        time calculated to occasion, unnecessary costs;

   (c)  any unnecessary delay in the proceedings.

(3) The Court may, instead of giving a direction under paragraph

(1) in relation to any thing done or omission made, direct the taxing  master
to inquire into it and, if it appears to him that such a direction as
aforesaid should have been given in relation to it, to act as if the
appropriate direction had been given.

(4) The taxing master shall, in relation to any thing done or omission made in
the course of taxation and in relation to any failure to procure taxation,
have the same power to disallow or to award costs as the  Court has under
paragraph (1) to direct that costs shall be disallowed to or paid by any
party.

(5) Where a party entitled to costs fails to procure or fails to proceed with
taxation, the taxing master in order to prevent any other parties being
prejudiced by that failure, may allow the party so entitled a nominal or other
sum for costs or may certify the failure and the costs of the other parties.

8. Personal liability of solicitor for costs
(O. 62, r. 8)

(1) Subject to the following provisions of this rule, where in any proceedings
costs are incurred improperly or without reasonable cause or are wasted by
undue delay or by any other misconduct or default, the Court may make against
any solicitor whom it considers to be responsible whether personally or
through a servant or agent an order-

   (a)  disallowing the costs as between the solicitor and his client; and

   (b)  directing the solicitor to repay to his client costs which the client
        has been ordered to pay to other parties to the proceedings; or

   (c)  directing the solicitor personally to indemnify such other parties
        against costs payable by them.

(2) No order under this rule shall be made against a solicitor unless he has
been given a reasonable opportunity to appear before the  Court and show cause
why the order should not be made except where any proceedings in Court or in
chambers cannot conveniently proceed, and fails or is adjourned without useful
progress being made-

   (a)  because of the failure of the solicitor to attend in person or by a
        proper representative; or

   (b)  because of the failure of the solicitor to deliver any document for
        the use of the Court which ought to have been delivered or to be
        prepared with any proper evidence or account or otherwise to proceed.

(3) Before making an order under this rule the Court may, if it thinks fit,
refer the matter (except in the case of undue delay in the drawing up of, or
in any proceedings under, an order or judgment as to which the Registrar has
reported to the Court) to a taxing master for inquiry and report and direct
the solicitor in the first place to show cause before the taxing master.

(4) The Court may, if it thinks fit, direct or authorize the Official
Solicitor to attend and take part in any proceedings or inquiry under this
rule, and may make such order as it thinks fit as to the payment of his costs.

(5) The Court may direct that notice of any proceedings or order against a
solicitor under this rule shall be given to his client in such manner as may
be specified in the direction.

(6) Where in any proceedings before a taxing master the solicitor representing
any party is guilty of neglect or delay or puts any other party to any
unnecessary expense in relation to those proceedings, the taxing master may
direct the solicitor to pay costs personally to any of the parties to those
proceedings, and where any solicitor fails to leave his bill of costs with the
documents required by this Order for taxation within the time fixed by or
under this Order or otherwise delays or impedes the taxation, then, unless the
taxing master otherwise directs, the solicitor shall not be allowed the fees
to which he would otherwise be entitled for drawing his bill of costs and for
attending the taxation.

(7) If, on the taxation of costs to be paid out of a fund other than funds
provided by the Legislative Council pursuant to section 27 of the
Legal Aid Ordinance ( Cap 91), one sixth or more of the amount of the bill for
those costs is taxed off, the solicitor whose bill it is shall not be allowed
the fees to which he would otherwise be entitled for drawing the bill and for
attending the taxation.

(8) In any proceedings in which the party by whom the fees prescribed by any
enactment relating to court fees are payable is represented by a solicitor, if
the fees or any part of the fees payable under the said enactment are not paid
as therein prescribed, the Court may, on the application of the Official
Solicitor by summons, order the solicitor personally to pay that amount in the
manner so prescribed and to pay the costs of the Official Solicitor of the
application.

9. Fractional or gross sums in place of
taxed costs (O. 62, r. 9)

(1) Subject to this Order, where by or under these Rules or any order or
direction of the Court costs are to be paid to any person, that person shall
be entitled to his taxed costs.

(2) Paragraph (1) shall not apply to costs which by or under any order or
direction of the Court-

   (a)  are to be paid to a receiver appointed by the Court under section 52B
        of the Ordinance in respect of his remuneration, disbursements or
        expenses; or

   (b)  are to be assessed or settled by a taxing master, but rules 28, 28A,
        31 and 32 shall apply in relation to the assessment or settlement by a
        taxing master of costs which are to be assessed or settled as
        aforesaid as they apply in relation to the taxation of costs by a
        taxing master.

(3) Where a writ in an action is endorsed in accordance with Order 6, rule
2(b), and judgment is entered on failure to give notice of 
intention to defend or in default of defence for the amount claimed for costs
(whether alone or together with any other amount claimed), paragraph

(1) of this rule shall not apply to those costs, but if the amount claimed for
costs as aforesaid is paid in accordance with the indorsement (or is accepted
by the plaintiff as if so paid) the defendant shall nevertheless be entitled
to have those costs taxed.

(4) The Court in awarding costs to any person may direct that, instead of
taxed costs, that person shall be entitled-

   (a)  to a proportion specified in the direction of the taxed costs or to
        the taxed costs from or up to a stage of the proceedings so specified;
        or

   (b)  to a gross sum so specified in lieu of taxed costs, but where the
        person entitled to such a gross sum is a litigant in person, rule 28A
        shall apply with the necessary modifications to the assessment of the
        gross sum as it applies to the taxation of the costs of a litigant in
        person. (L.N. 217 of 2000)

9A. Interim payment of costs (O. 62, r. 9A)

(1) If a party makes or resists an application at any stage of proceedings
before the Court, the Court may-

   (a)  if the Court considers the application or resistance to the
        application, as the case may be, to be frivolous or vexatious; or

   (b)  for any other reason that the Court in the circumstances of the case
        considers just, when ordering costs against that party in respect of
        the application, order that party to pay forthwith to any other party
        to the application an amount which in the opinion of the Court
        approximates the costs that would be allowed on taxation.

(2) Upon taxation-

   (a)  if the taxed costs in respect of the application equal the amount paid
        pursuant to an order made under paragraph (1), the taxing  master
        shall direct that no further amount is payable in respect of the
        taxed costs;

   (b)  if the taxed costs in respect of the application exceed the amount
        paid pursuant to an order made under paragraph (1), the taxing  master
        may-

        (i)    direct the party against whom the order was made to pay the
               shortfall; or

        (ii)   set off the shortfall against any other costs to which the
               party against whom the order was made is entitled and direct
               payment of any balance;

   (c)  if the amount paid pursuant to an order made under paragraph

(1) exceeds the taxed costs in respect of the application, the taxing  master
may-

        (i)    direct the party in whose favour the order was made to pay the
               difference; or

        (ii)   set off the difference against any other costs to which the
               party in whose favour the order was made is entitled and direct
               payment of any balance.

10. When a party may sign judgment for costs
without order (O. 62, r. 10)

(1) Where a plaintiff by notice in writing and without leave either wholly
discontinues his action against any defendant or withdraws any particular
claim made or question raised by him therein as against any defendant, the
defendant may tax his costs of the action or his costs occasioned by the
matter withdrawn, as the case may be, and, if the taxed  costs are not paid
within 4 days after taxation, may sign judgment for them. (See Appendix A,
Form 50)

(2) Where a plaintiff by notice in writing in accordance with Order 22, rule
3(1), accepts money paid into court in satisfaction of the cause of action or
of all the causes of action in respect of which he claims, or accepts money
paid in satisfaction of one or more specified causes of action and gives
notice that he abandons the others, he shall be entitled to his costs of the
action incurred up to the time of giving notice of acceptance.

(3) Where a plaintiff in an action for libel or slander against several
defendants sued jointly accepts money paid into court by one of the
defendants, he may, subject to paragraph (4), tax his costs and sign judgment
for them against that defendant in accordance with paragraph

(2). (See Appendix A, Form 51)

(4) Where money paid into court in an action is accepted by the plaintiff
after the trial or hearing has begun, the plaintiff shall not be entitled to
tax his costs under paragraph (2) or (3).

(5) In each of the circumstances mentioned in this rule an order for costs
shall be deemed to have been made to the effect respectively described and,
for the purposes of section 50 of the Ordinance, the order shall be deemed to
have been entered up on the date on which the event which gave rise to the
entitlement to costs occurred.

11. When order for taxation of costs not
required (O. 62, r. 11)

(1) Where an action or summons is dismissed with costs, or an order of
the Court directs the payment of any costs, or any party is entitled under
rule 10 to tax his costs, no order directing the taxation of those costs need
be made.

(2) Where a summons is taken out to set aside with costs any proceedings on
the ground of irregularity and the summons is dismissed but no direction is
given as to costs, the summons is to be taken as having been dismissed with
costs.

POWERS OF TAXING OFFICERS

12. Powers of taxing masters to tax
costs (O. 62, r. 12)

A taxing master shall have power to tax-

   (a)  the costs of or arising out of any cause or matter in the  Court; and

   (c)  any other costs the taxation of which is directed by an order of
        the Court.

13. Powers of Chief Judicial Clerks to tax costs
(O. 62, r. 13)

(1) A Chief Judicial Clerk shall have power to transact all such business and
exercise all such authority as under rule 21(4) of this Order may be
transacted and exercised by the Registrar and to issue a certificate for any
costs taxed by him.

(2) Paragraph (1) shall not be taken as empowering a Chief Judicial Clerk to
tax any costs in respect of which an appointment to tax has been given.

(3) In exercising the powers conferred on him by this Order, a Chief Judicial
Clerk shall comply with any directions given to him by a taxing master.

14. Supplementary powers of taxing master (O. 62, r. 14)

A taxing master may, in the discharge of his functions with respect to the
taxation of costs-

   (a)  take an account of any dealing in money made in connection with the
        payment of the costs being taxed, if the Court so directs;

   (b)  require any party represented jointly with any other party in any
        proceedings before him to be separately represented;

   (c)  examine any witness in those proceedings;

   (d)  direct the production of any document which may be relevant in
        connection with those proceedings;

   (e)  correct any clerical mistake in any certificate or order, or any error
        arising therein from any accidental slip or omission.

15. Disposal of business by one taxing 
master for another (O. 62, r. 15)

(1) If, apart from this paragraph, a taxing master has power to tax any costs,
the taxation of which has been assigned to some other taxing  master, he may
tax those costs and if, apart from this paragraph, he has power to issue a
certificate for the taxed costs he shall issue a certificate for them.

(2) Any taxing master may assist any other taxing master in the taxation of
any costs the taxation of which has been assigned to that other officer.

(3) On an application in that behalf made by a party to any cause or matter, a
taxing master may, and if the circumstances require it shall, hear and dispose
of any application in the cause or matter on behalf of the taxing master by
whom the application would otherwise be heard.

16. Extension, etc., of time (O. 62, r. 16)

(1) A taxing master may-

   (a)  extend the period within which a party is required by or under this
        Order to begin proceedings for taxation or to do anything in or in
        connection with such proceedings before that master;

   (b)  extend the period provided by rule 33(2) beyond the signing of the
        taxing master's certificate by setting the certificate aside;

   (c)  where no period is specified by or under this Order or by the  Court
        for the doing of anything in or in connection with such proceedings,
        specify the period within which the thing is to be done.

(2) Where an order of the Court specifies a period within which anything is to
be done by or before a taxing master, then unless the Court otherwise directs,
the taxing master may from time to time extend the period so specified on such
terms (if any) as he thinks just.

(3) A taxing master may extend any such period as is referred to in the
foregoing provisions of this rule although the application for extension is
not made until after the expiration of that period.

17. Interim certificates (O. 62, r. 17)

A taxing master may from time to time in the course of the taxation of any
costs by him issue an interim certificate for any part of those costs which
has been taxed.

18. Power of taxing master where party liable to
be paid and to pay costs (O. 62, r. 18)

Where a party entitled to be paid costs is also liable to pay costs, the
taxing master may-

   (a)  tax the costs which that party is liable to pay and set off the amount
        allowed against the amount he is entitled to be paid and direct
        payment of any balance; or

   (b)  delay the issue of a certificate for the costs he is entitled to be
        paid until he has paid or tendered the amount he is liable to pay.

19. Taxation of bill of costs comprised
in account (O. 62, r. 19)

(1) Where the Court directs an account to be taken and the account consists in
part of a bill of costs, the Court may direct a taxing master to tax those
costs and the taxing master shall tax the costs in accordance with the
direction and shall return the bill of costs, after taxation thereof, together
with his report thereon to the Court.

(2) A taxing master taxing a bill of costs in accordance with a direction
under this rule shall have the same powers, and the same fees shall be payable
in connection with the taxation, as if an order for taxation of the costs had
been made by the Court.

PROCEDURE OF TAXATION

21. Mode of beginning proceedings for taxation
(O. 62, r. 21)

(1) A party entitled to require any costs to be taxed shall file in the Court
his bill of costs and shall obtain from the taxing master an appointment to
tax.

(2) Not less than 7 days' notice of such appointment to tax together with a
copy of the bill of costs shall be served by such person on every person
entitled to be heard on taxation.

(3) It shall not be necessary for a copy of the bill of costs or of the notice
of appointment to tax to be sent to any party who has not acknowledged service
in the proceedings which gave rise to the taxation.

(4) In proceedings for the taxation of costs of, or arising out of, a cause or
matter in which the amount of the bill of costs does not exceed the sum of
$100000, the taxing master may by notice inform the party commencing the
proceedings for taxation the amount which the taxing master proposes to allow
in respect of the costs to be taxed and further the taxing master shall not
give any notice under paragraph (2) unless, within 14 days after serving
notice of the amount he proposes to allow, any person entitled to be heard on
taxation applies to the taxing master for an appointment to tax.

(4A) Costs in the amount specified in any notice under paragraph

(4) shall be allowed unless within 14 days after the service of such notice
any person entitled to be heard on taxation applies for an appointment to tax.

(5) A party must, when he files his bill of costs, deposit with the  Court an
amount equivalent to the taxing fee which would be payable if the bill were to
be allowed in full. When the taxing master signs a certificate, the balance of
the sum so deposited, if any, after deducting the prescribed taxing fee, shall
be repaid to the party who deposited such amount.

(6) If a bill of costs is withdrawn less than 7 days before the appointment
for taxation, a fee shall be payable by the party who withdraws the bill.

(7) The fee payable under paragraph (6) shall be deducted by the  Court from
the amount deposited under paragraph (5).

22. Delay in filing of bill of costs (O. 62, r. 22)

(1) If, within one month after an order of the Court requiring the payment of
any costs to be taxed, the person entitled to payment thereof has neither
agreed the amount of such costs with the person liable to pay the same nor
served upon such person a notice of appointment to tax in accordance with rule
21, the taxing master, on the application of the person liable to pay such
costs and on not less than 7 days' notice to the person entitled to payment
thereof, may order that the person entitled to payment of the costs shall
proceed to taxation in accordance with rule 21 within such period as the
taxing master may order.

(2) If within the period ordered by the taxing master or any extension thereof
granted by a taxing master, notice of appointment to tax has not been served
in accordance with rule 21 and the amount due has not been agreed between the
parties, the order of the Court requiring payment of the costs shall thereupon
be wholly discharged.

(3) On any order in accordance with paragraph (1) and on the taxation of a
bill of costs, whether or not an order has been made under that paragraph, the
taxing master, if he is satisfied that there has been undue delay in the
filing of the bill of costs or in the service of the notice of appointment to
tax, may make such order as he shall consider appropriate as to the costs of
any application or of any order or as to the costs of the taxation and may
disallow any item contained in the bill of costs.

23. Deposit of papers and vouchers (O. 62, r. 23)

(1) Not less than 2 days before the date appointed for taxation, the person
who filed the bill of costs in accordance with rule 21 shall deposit with the
taxing master all papers and vouchers relating to the items contained in the
bill of costs.

(2) If by reason of the failure of such person to deposit such papers and
vouchers the taxation is adjourned, the taxing master may make such order as
to costs thrown away by such adjournment as he may consider appropriate.

24. Notice of taxation (O. 62, r. 24)

(1) If, at the date and time of an appointment to tax, a person entitled to be
heard upon such taxation does not appear before the taxing  master in person
or by his representative, the taxing master, on being satisfied that notice of
the appointment to tax and a copy of the bill of costs were duly served on
such person in accordance with rule 21, may proceed to taxation of the bill of
costs in the absence of such person or of his representative.

(2) If notice of the appointment to tax and the copy of the bill of costs were
not served upon such person, the taxing master shall adjourn the taxation for
such period as he may consider necessary to enable service of the notice of
the adjourned appointment to tax and of the bill of costs to be effected on
such person and may make such order as he may consider appropriate in relation
to costs thrown away by such adjournment.

25. Provisions as to bills of costs (O. 62, r. 25)

(1) In any solicitor's bill of costs the professional charges and the
disbursements must be entered in separate columns and every column must be
cast before the bill is left for taxation.

(2) Before a solicitor's bill of costs is left for taxation it must be
indorsed with the name or firm and business address of the solicitor whose
bill it is.

26. Power to adjourn (O. 62, r. 26)

(2) The taxing master by whom any taxation proceedings are being conducted
may, if he thinks it necessary to do so, adjourn those proceedings from time
to time.

27. Powers of taxing master taxing costs
payable out of fund (O. 62, r. 27)

(1) Where any costs are to be paid out of a fund the taxing master may give
directions as to the parties who are entitled to attend on the taxation of
those costs and may disallow the costs of attendance of any party not entitled
to attend by virtue of the directions and whose attendance he considers
unnecessary.

(2) Where the Court has directed that a bill of costs be taxed for the purpose
of being paid out of a fund the taxing master by whom the bill is being taxed
may, if he thinks fit, adjourn the taxation for a reasonable period and direct
the party whose bill it is to send to any person having an interest in the
fund a copy of the bill, or of any part thereof, free of charge together with
a letter containing the following information, that is to say-

   (a)  that the bill of costs, a copy of which or of part of which is sent
        with the letter, has been referred to a taxing master for taxation;

   (b)  the name of the taxing master and the address of the office at which
        the taxation is proceeding;

   (c)  the time appointed by the taxing master at which the taxation will be
        continued; and

   (d)  such other information, if any, as the taxing master may direct.

ASSESSMENT OF COSTS

28. Costs payable to one party by another or
out of fund (O. 62, r. 28)

(1) This rule applies to costs which by or under these Rules or any order or
direction of the Court are to be paid to a party to any proceedings either by
another party to those proceedings or out of any fund (other than a fund which
the party to whom the costs are to be paid holds as trustee or personal
representative).

(2) Subject to the following provisions of this rule, costs to which this rule
applies shall be taxed on the party and party basis, and on a taxation on that
basis there shall be allowed all such costs as were necessary or proper for
the attainment of justice or for enforcing or defending the rights of the
party whose costs are being taxed.

(3) The Court in awarding costs to which this rule applies may in any case in
which it thinks fit to do so order or direct that the costs shall be taxed on
the common fund basis or on the indemnity basis.

(4) On a taxation on the common fund basis, being a more generous basis than
that provided for by paragraph (2), there shall be allowed a reasonable amount
in respect of all costs reasonably incurred, and paragraph (2) shall not
apply; and accordingly in all cases where costs are to be taxed on the common
fund basis the ordinary rules applicable on a taxation as between solicitor
and client where the costs are to be paid out of a common fund in which the
client and others are interested shall be applied, whether or not the costs
are in fact to be so paid.

(4A) On a taxation on the indemnity basis all costs shall be allowed except in
so far as they are of an unreasonable amount or have been unreasonably
incurred and any doubts which the taxing master may have as to whether the
costs were reasonably incurred or were reasonable in amount shall be resolved
in favour of the receiving party; and in these Rules the term "the indemnity
basis" (彌償基準) in relation to the taxation of costs shall be construed
accordingly.

(5) The Court in awarding costs to which this rule applies to any person may
if it thinks fit and if-

   (a)  the costs are to be paid out of a fund; or

   (b)  the person to whom the costs are to be paid is or was a party to the
        proceedings in the capacity of trustee or personal representative,
        order or direct that the costs shall be taxed as if that person were a
        trustee of the fund or as if the costs were to be paid out of a fund
        held by that person, as the case may be, and where the Court so orders
        or directs rule 31(2) shall have effect in relation to the taxation in
        substitution for paragraph (2).

28A. Costs of a litigant in person
(O. 62, r. 28A)

(1) On a taxation of the costs of a litigant in person there may, subject to
the provisions of this rule, be allowed such costs as would have been allowed
if the work and disbursements to which the costs relate had been done or made
by a solicitor on the litigant's behalf.

(2) The amount allowed in respect of any item shall be such sum as the
taxing master thinks fit not exceeding, except in the case of a disbursement,
two thirds of the sum which in the opinion of the taxing  master would have
been allowed in respect of that item if the litigant had been represented by a
solicitor.

(3) Where in the opinion of the taxing master the litigant has not suffered
any pecuniary loss in doing any work to which the costs relate, he shall not
be allowed in respect of the time reasonably spent by him on the work more
than $200 an hour.

(4) A litigant who is allowed costs in respect of attending Court to conduct
his own case shall not be entitled to a witness allowance in addition.

(5) Nothing in Order 6, rule 2(b), or rule 32(4) of this Order or Schedule 2
to this Order shall apply to the costs of a litigant in person.

(6) For the purposes of this rule a litigant in person does not include a
litigant who is a practising solicitor.

30. Costs payable to solicitor where money recovered
by or on behalf of infant, etc. (O. 62, r. 30)

Order 62, rule 30 of the Rules of the High Court (Cap 4 sub. leg.) shall,
where appropriate, apply to-

   (a)  any proceedings in which money is claimed or recovered by or on behalf
        of, or adjudged or ordered or agreed to be paid to, or for the benefit
        of, a person who is a minor or a mentally disordered person within the
        meaning of the Mental Health Ordinance ( Cap 136) or in which money
        paid into court is accepted by or on behalf of such a person; and

   (b)  any proceedings under the Fatal Accidents Ordinance ( Cap 22), in
        which money is recovered by or on behalf of, or adjudged or ordered or
        agreed to be paid to, or for the benefit of, the widow of the person
        whose death gave rise to the proceedings in satisfaction of a claim
        under the said Ordinance or in which money paid into court is accepted
        by her or on her behalf in satisfaction of such a claim, if the
        proceedings were for the benefit also of a person who, when the money
        is recovered, or adjudged or ordered or agreed to be paid, or
        accepted, is a minor.

31. Costs payable to a trustee out of
trust funds, etc. (O. 62, r. 31)

(1) This rule applies to every taxation of the costs which a person who is or
has been a party to any proceedings in the capacity of trustee or personal
representative is entitled to be paid out of any fund which he holds in that
capacity.

(2) On any taxation to which this rule applies, no costs shall be disallowed
except in so far as those costs or any part of their amount should not, in
accordance with the duty of the trustee or personal representative as such,
have been incurred or paid, and should for that reason be borne by him
personally.

32. Scales of costs (O. 62, r. 32)

(1) Subject to the foregoing rules and the following provisions of this rule,
the scale of costs contained in Schedule 1 to this Order, together with the
notes and general provisions contained in that Schedule, shall apply to the
taxation of all costs incurred in relation to contentious business done after
the commencement of these Rules.

(1A) The Court shall not, on taxation, allow as costs under items 5 and 6 of
Schedule 1 to this Order an amount which exceeds two thirds of the amount
which it would have allowed in respect of such items had the taxation been
carried out by it in accordance with the scale applicable to a taxation of
costs in the High Court.

(2) On a taxation in relation to which rule 31(2) has effect and in other
special cases costs may at the discretion of the taxing master be allowed-

   (a)  in relation to items not mentioned in the said scale; or

   (b)  of an amount higher than that prescribed by the said scale.

(3) Where the amount of a solicitor's remuneration in respect of
non-contentious business connected with sales, purchases, leases, mortgages
and other matters of conveyancing or in respect of any other
non-contentious business is regulated, in the absence of agreement to the
contrary, by any rules for the time being in force under the Legal 
Practitioners Ordinance ( Cap 159), the amount of the costs to be allowed on
taxation in respect of the like contentious business shall be the same,
notwithstanding anything in the scale contained in Schedule 1 to this Order.

(4) Notwithstanding paragraph (1), costs shall, unless the Court otherwise
orders, be allowed in the cases to which Schedule 2 to this Order applies in
accordance with the provisions of that Schedule.

32A. Costs for witnesses (O. 62, r. 32A)

There may be allowed on taxation in respect of the attendance of witnesses
such reasonable amounts as the taxing master thinks fit.

REVIEW

33. Application to taxing master for review (O. 62, r. 33)

(1) Any party to any taxation proceedings who is dissatisfied with the
allowance or disallowance in whole or in part of any item by a taxing  master,
or with the amount allowed by a taxing master in respect of any item, may
apply to the taxing master to review his decision in respect of that item.

(2) An application under this rule for review of a taxing master's decision in
respect of any item may be made at any time within 14 days after that decision
or such shorter period as may be fixed by the taxing  master: Provided that no
application under this rule for review of a decision in respect of any item
may be made after the signing of the taxing master's certificate dealing
finally with that item.

(3) Every applicant for review under this rule must at the time of making his
application deliver to the taxing master objections in writing specifying by a
list the items or parts of items the allowance or disallowance of which or the
amount allowed in respect of which, is objected to and stating concisely the
nature and grounds of the objection in each case, and must deliver a copy of
the objections to each other party (if any) who attended on the taxation of
those items or to whom the taxing master directs that a copy of the objections
shall be delivered.

(4) Any party to whom a copy of the objections is delivered under this rule
may, within 14 days after delivery of the copy to him or such shorter period
as may be fixed by the taxing master, deliver to the taxing  master answers in
writing to the objections stating concisely the grounds on which he will
oppose the objections, and shall at the same time deliver a copy of the
answers to the party applying for review and to each other party (if any) to
whom a copy of the objections has been delivered or to whom the taxing master
directs that a copy of the answers shall be delivered.

(5) An application under this rule for review of the taxing  master's decision
in respect of any item shall not prejudice the power of the taxing master
under rule 17 to issue an interim certificate in respect of items his decision
as to which is not objected to.

34. Review by taxing master (O. 62, r. 34)

(1) A review under rule 33 shall be carried out by the taxing  master to whom
the taxation was originally assigned.

(2) On reviewing any decision in respect of any item, a taxing  master may
receive further evidence and may exercise all the powers which he might
exercise on an original taxation in respect of that item, including the power
to award costs of and incidental to the proceedings before him; and any costs
awarded by him to any party may be taxed by him and may be added to or
deducted from any other sum payable to or by that party in respect of costs.

(3) On a hearing of a review under rule 33 a party to whom a copy of
objections was delivered under paragraph (4) of that rule shall be entitled to
be heard in respect of any item to which the objections relate notwithstanding
that he did not deliver written answers to the objections under that
paragraph.

(4) A taxing master who has reviewed a decision in respect of any item shall
issue his certificate accordingly and, if requested to do so by any party to
the proceedings before him, shall state in his certificate or otherwise in
writing by reference to the objections to that decision the reasons for his
decision on the review, and any special facts or circumstances relevant to it.
A request under this paragraph must be made within 14 days after the review or
such shorter period as may be fixed by the taxing master.

35. Review of taxing master's certificate
by judge (O. 62, r. 35)

(1) Any party who is dissatisfied with the decision of a taxing  master to
allow or to disallow in whole or in part of any item on review under rule 34,
or with the amount allowed by a taxing master in respect of any item on any
such review, may apply to a judge for an order to review the taxation as to
that item or part of an item if, but only if, one of the parties to the
proceedings before the taxing master requested him in accordance with rule
34(4) to state the reasons for his decision in respect of that item or part of
an item on the review.

(2) An application under this rule for review of a taxing master's decision in
respect of any item may be made at any time within 14 days after the
taxing master's certificate in respect of that item is signed, or such longer
time as the taxing master at the time when he signs the certificate, or
the Court at any time, may allow.

(3) An application under this rule shall be made by summons and shall, except
where the judge thinks fit to adjourn into court, be heard in chambers.

(4) Unless the judge otherwise directs, no further evidence shall be received
on the hearing of an application under this rule, and no ground of objection
shall be raised which was not raised on the review by the taxing master but,
save as aforesaid, on the hearing of any such application the judge may
exercise all such powers and discretion as are vested in the taxing master in
relation to the subject-matter of the application.

(5) If the judge thinks fit to exercise in relation to an application under
this rule the power of the Court to call assessors under section 58 of the
Ordinance, the judge shall call not less than 2 assessors, of whom one shall
be a taxing master.

(6) On an application under this rule the judge may make such order as the
circumstances require, and in particular may order the taxing  master's
certificate to be amended or, except where the dispute as to the item under
review is as to amount only, order the item to be remitted to the same or
another taxing master for taxation.

SCHEDULE 1 [rule 32]

PART I

SCALE OF COSTS

Item Particulars Charges

1. Mechanical preparation of documents-

   (a)  for the top copy, per page-

   (i)  quarto size or above $50

   (ii) less than quarto size $30

   (b)  for additional copies, either by photographic means, printing, carbon
        or any other method, per page of whatever size $3 2. Attendance
        suitable for unqualified staff, such as for filing of documents,
        delivery or collection of papers and to make appointments, whether
        such attendances are made by qualified or unqualified persons, for
        each attendance $65 3. Attendance for necessary search and
        inquiries-such fee as the Registrar thinks proper but not less than
        $25 for each attendance 4. Service of any documents-such fee as the
        Registrar thinks proper but not less than $25 in each case 5. The
        Registrar may allow such fee as he thinks proper in respect of every
        other matter or thing not hereinbefore specially mentioned
Note to item 5: This item is intended to cover-

   (a)  the doing of any work not otherwise provided for and which was
        properly done in preparing for a trial, hearing or appeal, or before a
        settlement of the matters in dispute, including-

   (i)  the client: taking instructions to sue, defend, counterclaim, appeal
        or oppose etc.; attending upon and corresponding with client;

   (ii) witnesses: interviewing and corresponding with witnesses and potential
        witnesses, taking and preparing proofs of evidence and, where
        appropriate, arranging attendance at Court, including issue of
        subpoena;

   (iii) expert evidence: obtaining and considering reports or advice from
        experts and plans, photographs and models; where appropriate arranging
        their attendance at Court, including issue of subpoena;

   (iv) inspections: inspecting any property or place material to the
        proceedings;

   (v)  searches and inquiries: making searches in Government registries and
        elsewhere for relevant documents;

   (vi) special damages: obtaining details of special damages and making or
        obtaining any relevant calculations;

   (vii) other parties: attending upon and corresponding with other parties or
        their solicitors;

   (viii) discovery: perusing, considering or collating documents for
        affidavit or list of documents; attending to inspect or produce for
        inspection any documents required to be produced or inspected by order
        of the Court;

   (ix) documents: drafting, perusing, considering and collating any relevant
        documents (including pleadings, affidavits, cases and instructions to
        and advice from counsel, orders and judgments) and any law involved;

   (x)  negotiations: work done in connection with negotiations with a view to
        settlement;

   (xi) attendances: attendances at Court (whether in court or chambers) for
        the hearing of any summons or other application, on examination of any
        witness, on the trial or hearing of a cause or matter, on any appeal
        and on delivery of any judgment; attendances on counsel in conference,
        and any other necessary attendances;

   (xii) interest: where relevant the calculation of interest on damages; and

   (xiii) notices: preparation and service of miscellaneous notices, including
        notices to witnesses to attend Court; and

   (b)  the general care and conduct of the proceedings. 6. Taxation of
        costs-obtaining the appointment, preparing bill of costs and copies
        and attending to lodge; attending taxation, paying taxing fee and
        lodging certificate or order Discretionary

Part II

GENERAL

1. Discretionary costs

(2) In exercising his discretion in relation to any item, the taxing  master
shall have regard to all relevant circumstances, and in particular to-

   (a)  the complexity of the item or of the cause or matter in which it
        arises and the difficulty or novelty of the questions involved;

   (b)  the skill, specialized knowledge and responsibility required of, and
        the time and labour expended by, the solicitor or counsel;

   (c)  the number and importance of the documents (however brief) prepared or
        perused;

   (d)  the place and circumstances in which the business involved is
        transacted;

   (e)  the importance of the cause or matter to the client;

   (f)  where money or property is involved, its amount or value;

   (g)  any other fees and allowances payable to the solicitor or counsel in
        respect of other items in the same cause or matter, but only where
        work done in relation to those items has reduced the work which would
        otherwise have been necessary in relation to the item in question.

2. Fees to counsel

(1) Except in the case of taxation under the Legal Aid Ordinance ( Cap 91) and
taxation of fees payable by the Government, no fee to counsel shall be allowed
unless-

   (a)  before taxation its amount has been agreed by the solicitor
        instructing counsel; and

   (b)  before the taxing master issues his certificate a receipt for the fees
        signed by counsel is produced to him.

(2) No retaining fee to counsel shall be allowed on any taxation of costs in
relation to which rule 28(2) has effect.

(3) No costs shall be allowed in respect of counsel appearing before the 
Court unless-

   (a)  the Court has certified the attendance as being proper in the
        circumstances of the case; or

   (b)  the amount recovered exceeds $150000.

(3A) Where a party appearing by counsel is awarded costs, but the costs of
employing counsel are not allowed, the taxing master may, on taxation, allow
such costs as may have been allowed if the party had appeared by a solicitor
and not by counsel.

(4) A refresher fee, the amount of which shall be in the discretion of the
taxing master, shall be allowed to counsel, either for each period of 5 hours
(or part thereof), after the first, during which a trial or hearing is
proceeding or, at the discretion of the taxing master, in respect of any day,
after the first day, on which the attendance of counsel at the place of trial
is necessary.

(5) Every fee paid to counsel shall be allowed in full on taxation, unless the
taxing master is satisfied that the same is excessive and unreasonable, in
which event the taxing master shall exercise his discretion having regard to
all the relevant circumstances and in particular to the matters set out in
paragraph 1(2).

4. Items to be authorized, certified, etc.

(1) In an action arising out of an accident on land due to a collision or
apprehended collision, the costs of preparing a plan (other than a sketch
plan) of the place where the accident happened shall not be allowed unless-

   (a)  before the trial the Court authorized the preparation of the plan; or

   (b)  notwithstanding the absence of an authorization under subparagraph (a)
        the taxing master is satisfied that it was reasonable to prepare the
        plan for use at the trial.

(2) The costs of calling an expert witness with regard to any question as to
which a Court expert is appointed under Order 40 shall not be allowed on a
taxation of costs in relation to which rule 28(2) or (3) has effect unless
the Court at the trial has certified that the calling of the witness was
reasonable.

5. Attendances in chambers-equity jurisdiction

(1) The following provisions of this paragraph apply in relation to every
hearing in chambers in the equity jurisdiction of the Court.

(3) Where on any such hearing as aforesaid the Court certifies that the speedy
and satisfactory disposal of the proceedings required and received from the
solicitor engaged in them exceptional skill and labour in the preparation for
the hearing, the taxing master in taxing the costs to be allowed for
instructions in relation to the summons or application shall take the
certificate into account.

SCHEDULE 2 [rules 28A & 32]

FIXED COSTS

PART I

WRITS

1. The Table hereunder shows the amount to be entered on the writ in respect
of the solicitor's charges in an action for the recovery of money for the
purpose of Order 6, rule 2(b) and of Part II of this Schedule. 2. The amount
entered in accordance with the Table hereunder shall be increased by-

   (a)  a sum equal to the appropriate court fees;

   (b)  $40 for every defendant after the first defendant;

   (c)  such amount as may be assessed by the Registrar in the case of
        substituted service. 3. The Table hereunder shall not apply where the
        writ is to be served out of the jurisdiction.

TABLE OF FIXED COSTS

1. On Writ-

   (a)  where service is not by a solicitor $300

   (b)  where service is by a solicitor $450

PART II

JUDGMENT

The amount to be included in the judgment in respect of the plaintiff's
solicitor's charges shall be the amount entered on the writ and in addition
the amount shown below-

(1) Where judgment is entered or given-

   (a)  in default of appearance (including affidavit and attendances); $300

   (b)  in default of defence; or $300

   (c)  upon the defendant's admission or consent, or summarily $300

(2) Where judgment is upon a trial ex parte-

   (a)  where no defence has been filed $500

   (b)  where a defence has been filed $700 Note: Subject to any order as to
        costs, where the plaintiff's solicitor has necessarily attended Court
        more than once, a further sum of $300 shall be allowed in respect of
        each such additional attendance.

PART III

EXECUTIONS

Fixed Costs on the Issue of Execution to Enforce a Judgment or Order

Where execution is issued against a judgment debtor or garnishee for the
purpose of enforcing a judgment or order obtained against him, fixed costs of
$350 shall be allowed to the judgment creditor's solicitor and be entered on
the writ of execution. "certificate" (證明書) "contentious business"
(爭議事務) "costs" (訟費) "the Court" (區域法院) "mentally
disordered person" (精神紊亂的人) "non-contentious business"
(非爭議事務) "taxed costs" (經評定的訟費) "taxing master"
(訟費評定官) "the indemnity basis" (彌償基準)