Hong Kong Regulations

LEGAL OFFICERS (FEES AND COSTS) RULES - RULE 2

Fees and costs in contentious proceedings

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) In any proceedings before any court or tribunal with regard to the matters
referred to in section 4(1) of the Ordinance the fees and costs of and
incidental to the conduct of such proceedings and the appearance of any legal
officer shall be governed by Order 62 of the Rules of the High Court (Cap 4
sub. leg.)

(2) For the purpose of the Rules of the High Court (Cap 4 sub. leg.), and in
the application of any other legislative provision as to fees and costs or the
practice relating thereto, a legal officer shall be deemed to have the status
of a barrister and solicitor duly admitted under the
Legal Practitioners Ordinance ( Cap 159): Provided that, in consideration of
an item which in a bill rendered by or against a private party would-

   (a)  consist of costs allowable to a solicitor solely in relation to
        employment of counsel; or

   (b)  consist of fees payable to counsel solely in relation to his
        instruction by a solicitor; or

   (c)  involve remuneration to both solicitor and counsel in respect of the
        same event, the Registrar upon taxation shall be informed and shall
        take into consideration whether one or more legal officers were
        engaged upon preparation or upon hearing of the case.

(3) If in any such proceedings the legal officer for the time being carrying
out the duties of Secretary for Justice or Solicitor General appears before
any court or tribunal, whether or not that legal officer is a Senior Counsel,
the court or tribunal, or the Registrar upon taxation, may provide for such
fees and costs as are consequent upon the appearance of leading counsel. (94
of 1997 s. 16; L.N. 362 of 1997)

(25 of 1998 s. 2)