Practice Directions

This Practice Direction shall apply to the taxation of criminal costs in High Court and District Court.

PART I: Commencing Taxation Proceedings

Jurisdiction

1.1 This practice direction applies to an order for costs to be taxed made under the Costs in Criminal Cases Ordinance (Cap. 492). Where a claimant is entitled to tax his costs pursuant to a court order made by the Magistrates' Court or District Court, he shall file a claim for costs with the District Court Registry. The costs shall then be taxed by the Registrar of the District Court as the taxing authority or by a taxing officer appointed under Rule 5(3) of the Costs in Criminal Cases Rules ("the Rules"). The fee payable on a claim for taxation is to be calculated according to the scales set out in the District Court Civil Procedure (Fees) Rules (Cap. 336C).

1.2 Where a claimant is entitled to tax his costs pursuant to a court order made by the Court of First Instance or the Court of Appeal, he shall file a claim for costs with the High Court Registry. His costs shall then be taxed by the Registrar of the High Court as the taxing authority or by a taxing officer appointed under Rule 5(3) of the Rules. The fee payable on a claim for taxation is to be calculated according to the scales set out in the High Court Fees Rules (Cap. 4D).

Filing of the Claim/Taxing Fee

1.3 When the claimant files his claim for costs, he is required to:-.

a) pay a fee calculated according to the scales set out above as the case may be;

b) submit all receipts, bills of costs or other documents in support of any disbursements claimed.

1.4 After the claim for costs is taxed, the balance of the prescribed fee so paid, if any, will be repaid to the claimant.

1.5 If a claim for costs is withdrawn less than 7 days before the appointment for taxation referred to below, the claimant is entitled to a refund of part of the prescribed fee as set out in the respective Fees Rules above mentioned.

Time Limit

1.6 Practitioners are reminded that unless an extension of time is granted by the taxing authority under the Rules, the claimant must file his claim for costs within 3 months of the date on which an order for costs to be taxed was made under the Ordinance.

PART II: Form and Contents

The Claim

2.1 The claim for costs shall adopt the same heading and case number as prescribed and assigned by the court that made the costs order. For Magistrates' Court cases, a separate case number will be given by the District Court Registry for the purpose of identification when the claim for costs is filed.

2.2 The claim for costs shall contain the following information:-

a) a short and succinct narrative of the proceedings and of the costs order made by the court;

b) a statement as to whether the claimant wishes to appear and be heard or to be represented. If he so wishes to be heard, he shall give an estimate as to the length of the hearing;

c) the hourly rate sought by the fee earners;

d) the full name and address of the claimant or his legal representative together with the date on which the claim for costs is filed. The claim for costs shall be signed by the claimant or his legal representative; and

e) the full name and address of any interested party or his legal representative on whom the claim for costs is to be served.

Format

2.3 The claim for costs shall be in columnar format and every column must be cast before the claim is left for taxation. The professional charges and the disbursements must be entered in separate columns.

2.4 The claim for costs shall be drawn on "events" basis (such as legal visits, bail application, pre-trial review, trial and mitigation) and in chronological order with dates. The claim must:-

a) summarise the items of work done by the solicitor or legal or other representative;

b) state, where appropriate, the dates on which items of work were done, the time taken, the length of the documents considered and the sums claimed;

c) specify any disbursements claimed, including counsel's fees, the circumstance in which they were incurred and the amounts claimed in respect of them; and

d) specify any special circumstances which the claimant would like to draw to the attention of the taxing authority.

Supporting Documents

2.5 Each item set out in the claim for costs must be consecutively numbered. If the claim for a particular disbursement item is supported by receipts and/or documents submitted with the claim, the supporting receipts and/or documents must be identified and referred to in the claim for costs.

2.6 If the taxing authority so requires, the claimant shall supply any further or other particulars, information and/or documents in support of any part of his claim.

2.7 Save as otherwise stipulated in the Rules and in this Practice Direction, the form and contents of the claim for costs shall, where appropriate, follow that of any usual bill of costs filed in the High Court in relation to civil proceedings.

PART III: Procedure

Service

3.1 The claimant must within 14 days of the filing of the claim for costs serve on any interested party a copy of the claim together with copies of any receipts, bills of costs or other documents in support of any disbursements claimed and shall, if the taxing authority so requires, also serve any further particulars, information and documents on the interested party save and except privileged documents.

Representation

3.2 If the interested party would like to make representation to the taxing authority, he must within 21 days after the date of service of a claim for costs on him or such extended time as may be allowed by the taxing authority, file in court a list of objections and serve a copy of the list on the claimant and other interested parties.

List of Objections

3.3 The list of objections must:-

a) identify each item in the claim for costs which is objected to;

b) state concisely the nature and grounds of objection for each item;

c) where the objection is based on excessiveness or unreasonableness of the amount claimed, suggest a figure to be allowed for each item in respect of which a reduction is sought;

d) state whether he wishes to appear and be heard or to be represented. If he so wishes to be heard, he shall give an estimate as to the length of the hearing; and

e) be endorsed with the full name and address of the interested party or his legal representative. The list shall also be dated and signed by the interested party or his legal representative.

Taxation Without Hearing

3.4 If no party has indicated that he wishes to be heard, the taxing authority shall proceed to tax the claim. In so doing, the taxing authority shall consider any further particulars, information and other supporting documents submitted by the claimant and any representation made by the interested party. If the amount of the claim for costs does not exceed the sum of $200,000, the claim may be taxed by the appointed taxing officer.

3.5 After the claim for costs is taxed in accordance with paragraph 3.4 above, the claimant will be notified by the taxing authority as to the costs allowed and payable. The claimant shall within 14 days of the receipt of such notice serve on every interested party a copy of that notification.

Taxation With Hearing

3.6 If one of the parties has indicated that he wishes to be heard, the taxing authority will fix a hearing date and give notice to the claimant and any interested party of the venue and time at which the claim is to be heard. In such cases, there will be a 15-minute call-over hearing which shall be treated as the appointment for taxation for the purposes of the Fees Rules referred to in paragraph 1.5 above. At the call-over hearing, further directions will be given by the taxing authority.

3.7 The Practice Direction 14.3 on taxation call-over hearing in civil proceedings shall, where appropriate, apply to the call-over hearing referred to above.

3.8 Save as provided in this Practice Direction, the procedures as set out in the Rules shall be strictly complied with.

PART IV: Review

4.1 Practitioners are reminded that when they apply for a review of taxation, they shall comply with and follow the procedure as set out in the Rules in particular to rule 8 thereof.

PART V: Standard Directions

5.1 At the end of each taxation hearing, unless the Master otherwise directs, he will give the following standard directions:

(a) The parties shall within seven days hereof endeavour to agree the amount of the taxed bill after taxation for the purpose of the allocatur to be issued.

(b) Failing agreement the parties shall be at liberty to apply in writing to the Court for clarification and such application shall be dealt with by the Master without a hearing unless the Court otherwise directs.

(c) If agreement is reached or the Court's clarification is obtained, the amount agreed or ascertained is deemed to be accurate and correct. Based on such amount the taxing fee will be calculated. The allocatur will then be prepared and submitted to the Court for approval and issue.

This Practice Direction will come into force on 2 July 2002.

Dated this 12th day of June 2002.