Hong Kong Regulations

LEGAL AID REGULATIONS - REGULATION 18

Fees and costs in contentious proceedings

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) In any proceedings before a court or tribunal with regard to any matter
involving any officer holding office under section 3 of the Ordinance, the
fees and costs of and incidental to the conduct of the proceedings (including
all matters preliminary to the proceedings) and the appearance of any such
officer shall be governed by the Hong Kong Court of  Final Appeal Rules (
Cap 484 sub. leg. A) and Order 62 of the Rules of the High Court (Cap 4 sub.
leg. A). (79 of 1995 s. 50; 25 of 1998 s. 2)

(2) For the purpose of the Hong Kong Court of Final Appeal Rules ( Cap 484
sub. leg. A) and the Rules of the High Court (Cap 4 sub. leg. A), and in the
application of any other legislative provision as to fees and costs or the
practice relating to fees and costs, an officer holding office under section 3
of the Ordinance is deemed to have the status of a barrister and solicitor
duly admitted under the Legal Practitioners  Ordinance ( Cap 159), except
that, in consideration of an item which in a bill rendered by or against a
party who is not an aided person would- (79 of 1995 s. 50; 25 of 1998 s. 2)

   (a)  consist of costs allowable to a solicitor solely in relation to the
        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, on taxation, shall be informed of that fact
        and shall take into consideration whether one or more of the officers
        holding office under section 3 of the Ordinance were engaged on the
        preparation or hearing of the case.

(3) If in any proceedings referred to in paragraph (1) the Director of
Legal Aid appears before any court or tribunal in person, whether the Director
is a Senior Counsel or not, that court or tribunal, or the Registrar on
taxation, may provide for such fees and costs as are consequent on the
appearance of leading counsel. (94 of 1997 s. 18) (L.N. 172 of 1972)