TAXATION OF COSTS (O.J.) RULES

TAXATION OF COSTS (O.J.) RULES

FOURTH SCHEDULE.

BANKRUPTCY.

In addition to the fees mentioned in the scale of fees and percentages
prescribed by the Chief Justice under section 114 of the Bankruptcy Ordinance
(Chapter 6 of the Revised Edition)

in any matter or proceeding not mentioned in the said last-
mentioned scale the same fee as is provided for a similar
matter or proceeding in the original jurisdiction.

TAXATION OF COSTS (O.J.) RULES.

(Cap. 4, section 37).
(Ordinance No. 3 Of 1873).

[24th April, 19(3.1

These rules may be cited as the Taxation of Costs (O.J.)
Rules.

2. The scale hereunder written shall be the fees to be charged by
attorneys and solicitors in the original jurisdiction of the Supreme
Court.

SCALE OF ALLOWANCES.

Instructions

Charges.

1. To use or defend ........... 6.00to $10.00
2. To retain counsel in any action or proceeding 5.00
3. Drawing and engrossing retainer and copy 1.10
4. Attending counsel with retainer and fee 6.00
5. For a statement of claim not indorsed on writ,
petition or special case ......1.00 to 20.00
6. For special indorsement of writ when no other
statement of claim ............6.00 to 10.00

7. For statement of defence ...10.00

8. For counterclaim ..........10.00
9. For reply .................10.00
10. For interrogatories for examination of any
party or witness .............7.00 to 12.00
11. To amend any pleadings ...7.00 to 12.00
12. For affidavit in answer to interrogatories, or

any other............affidavit ................................. 4.00 to 6.00





Charges.

13. To appeal against any order of court or judge

and to appear thereon ...... 6.00 to
$10.00

14. For counsel to advise on evidence 6.00 to
14.00
15. For counsel to make any application to a
court or judge where no other brief 6.00
16. For brief on motion for injunction 12.50 to
20.00
17. For brief on the hearing of an action or appeal 15.00 or, such

........fee as the
........Registrar shall
........think fit,
........having regard
........to all the cir-
........cumstances of
........the case and
........to other
........allowances, if
........any, for
........attendances on
........withessess and
........procuring
........evidence.
18. Any other necessaryinstructions ................ 6.00 to 10.00

Drawing pleadings and other documents
including printed portion.

19. Engrossing any proecipe .3.00
20. Writ of summons for commencement of action 6.00
21. Special indorsement, per folio, (including
particulars if any) .........0.75
22. Subpoena, ad test, or duces tecum 5.00
23. if more than four folios, for each folio
beyond four .................0.75
24. Writ of execution to enforce any judgment or
order or decree, prohibitory order, foreign
attachment, habeas corpus, interim prohibi-
tory order, injunction, Registrar's certificate 5.00

25. if more than four folios, for each folio

beyond four .................0.75
26. Indorsing service on writ 2.00
27. Summons to attend judge's chambers 4.00
28. if more than four folios, for each folio
beyond four .................0.75
29. Originating summons, per folio 0.75

30. Drawing any pleading if not settled by counsel 25.00 to 35.00

31. if by counsel, per folio 0.75
32. Brief, particulars, instructions to counsel, bills
of costs and any other necessary document,
per folio ...................0.75
'33. Marking any exhibit ....1.50

Appearances.







34. Drawing and engrossing appearance for one
defendant, per folio ........1.10
35. Attending entering appearance 4.00
36. For every defendant beyond the first 1.00
27. Attending receipt of notice of appearance 2.00
38. Informing client thereof 2.50
39. Searching for appearance 4.00
40. Drawing certificate of non-appearance, per

folio............................................................................ 0.75





Charges.

41. Copy certificate of non-appearance, per folio 0.35
42. Filing certificate (including obtaining
signature) ....................4.00

Services and notices.

43. Service of any writ of summons, warrant,
interrogatories, petition, order, or notice, or
any other document, on a party, where no
solicitor employed at time of service 4.00
44. For service out of the jurisdiction-such allow-
ance as the Registrar shall think proper
45. Serving writ or other document requiring
appearance, on solicitor and obtaining his
undertaking to appear .......5.00

46. Attending being served with writ or other

document, requiring appearance, and giving

undertaking to appear .......5.00
47. Service where appearance has been entered, on
the solicitor or party, where an address for
service has been given ......3.00
48. As to writs and notice of writ, for each copy
for service, per folio ......0.35
49. As to summons to attend at judge's chambers,
for each copy to serve ......1.50
50. or per folio ............0.35
51. For preparing notice to admit or produce
documents ...................5.00
52. or per folio ............0.75
53. and for each copy, per folio 0.35
54. For drawing any notice to admit facts 5.00
55. or per folio ............0.75
56. and for each copy, per folio 0.35
57. For drawing notice of motion 6.00
58. or per folio ............0.75
59. and for each copy, per folio 0.35

Copies.

60. Of pleadings, briefs and other documents,
where no other provision is made, per folio 0.35
61. Bespeaking a copy of any document (including
obtaining and paying for it) .5.00

Perusals.

62. Statement of claim, statement of defence, re ply
and other pleadings, by the solicitor of the
party to whom the same are delivered 8.00
63. or per folio ............0.40
64. Of amendment of any such pleading in writing 5.00
65. or per folio ............0.40
66. Of interrogatories to be answered by a party 8.00
or by his solicitor .........0.40
67. or per folio
68. Of special case, by solicitor of any party 8.00
except the one by whom it is prepared 0.40
69. or per folio
70. Of copy of any order or interlocutory pro-
ceedings ....................1.50







71. or per.................folio ............................................. 0.40





Charges.

72. Of notice to produce or admit documents, by
solicitor of a party served .... 5.00
73. or per folio ...............0.40
74. Of notice to admit facts, per folio . 0.75

75. Of any other document or writing, per folio 0.40

Attendances.

76. To issue writ or other process 4.00
77. Returning original to court after service 4.00
78. To deliver or serve any pleading, or special
case .........................4.00
79. To inspect or produce for inspection documents,
pursuant to notice to admit or order for dis-
covery or referred to in any pleading or
affidavit ....................7.00

80......................or per hour 6.00

81........To search ...1 .....1 ........... 3,00 to 7.00

82. Attending being served with any document 3.00
83. Attending receipt of and perusing a necessary
letter or notice not hereby otherwise provided
for ...........................2.00
84. or per folio ..............0.40
85. Drawing order, per folio ..0.75
86. Writing adverse party with draft order for
approval ......................2.50
87. Attending receipt of draft order for approval 2.00
88. Perusing, per folio .......0.40
89. Returning draft order approved 2.50
90. Perusal of alterations in draft order (perusal
of alterations only allowed unless perusal of
context necessary), per folio .0,40
91. Subsequent necessary attendances on solicitor
of adverse patty, each ........4.00
92. Subsequent necessary letters 2.50
93. Engrossing order, per folio 0.35
94. Sealing and filing ........4.00
95. Serving ...................3.00
96. Attending being served ....3.00
97. To obtain or give any necessary or proper
consent .......................5.00
98. On vouching accounts before the Registrar,
per day .......................10.00 to 30.00
99. On examination of witness before the Regis-
trar, commissioner or other person, if with-
out counsel, per day, not exceeding 50.00
100. if with counsel, per day 30.00
101. On deponent being sworn, or by a solicitor or
his clerk to be sworn to any affidavit 4.00
102. Ditto. outside the court .7.00
103. On each necessary witness, for the purpose of
taking his statement ..........6.00
104. or, if the attendance exceeds 1 hour, for
every hour, or part of hour ...6.00

Attendances in chambers.
105. Attending judge's clerk to arrange for special appointment in
chambers in exceptional cases 4.00







106. Attending solicitor of adverse party to confirm

appointment......................................................... 4.00





Charges.

107. Writing judge's clerk confirming 2.50
108. Attending in chambers with or without counsel
on summons, motion or other proceeding-
(a) Consent summons, or ex parte without
discussion ..................6.00
(b) When any argument or discussion takes
place .......................10.00
(c) When the hearing occupies from half an
hour to one hour ............15.00
(d) When the hearing occupies more than
one hour, for each hour or portion of
an hour including the first .10.00

Attendances, etc.

109. To file Registrar's certificate or affidavit, order
or other document in court ....4.00
110. To inspect any premises or ship, with or with-
out jury, or with or without solicitor of
opposite party, or attending sale 7.50 to $30.00
111. On counsel with brief or other papers 6.00
112. Attending counsel to sign pleading 4.00
113. On consultation or conference with counsel 7.00 to 15.00
114. Attending receipt of any document as result

of a conference ..........1 2.00

115. To get a day specially fixed for hearing of suit 4.00

116. On bearing of any trial of any cause or matter

or motion or petition or issue of fact,
whether before a judge or before the Full
Court or referee, or on assessment of
damages, per day ..........20.00 to 45.00
1,17.........To hear judgment when same reserved 15.00
1,18........On taxation of bill of costs, per hour 10.00

119. To obtain or give an undertaking to appear ... 5.00

120. On printer to insert advertisement in any news

paper that may be necessary 5.00

1,21. To issue execution ......5.00
122. Informing client of an order, judgment or
other step in an action or proceeding, if
necessary .....................2.50 to6.00
123. Attending Registrar settling bond 6.00
124. Attending on telephone ...2.00
125. Every other attendance not hereinbefore refer-
red to and which shall, in the opinion of
the Registrar, be necessary-such sum as the
Registrar may think proper.

Miscellaneous.

126. Translating any documents or writing from
any language into English, per folio 1.50
127. Perusing and checking translations received
from adverse party when the translation is
.agreed without being certified by the court
translator, per folio ........0.90






128. Attending court translator to certify 3.00





Charges.

129. Writing any necessary letter 2.50
130. or according to circumstances, per folio 0.75
131. The Registrar may allow such fee as he thinks
proper in respect of every other matter or
thing not hereinbefore specifically mentioned.
Where no fee is specified in the scale, the
Registrar shall be guided by principles of
English practice except where such principles
conflict with the Hong Kong scale.

TAXATION OF COSTS (S.J.) RULES.

(Cap. 4, section 37).
(Ordinance No. 3 of 1873).

[24th April, 1903.1

1. These rules may be cited as the Taxation of Costs (S.J.) Rules.

2. In the following rules, 'exceeding' and 'not exceeding' refer in
the case of a plaintiff to the amount recovered and in the case of a
defendant to the amount claimed.

3. In actions or proceedings other than those for the recovery of
money and in actions where claims for the recovery of moneys are
joined with other claims, the judge, having regard to the value and
nature of the subject-matter of the action or proceeding, shall direct
under which of the scales hereinafter set forth the costs (if any) shall
be taxed.

4. Notwithstanding anything in these rules to the contrary, the
judge, if of opinion that the action involved a novel or difficult point of
law, or that the question litigated was of importance to some class or
body of persons, or of general or public interest, may award costs
under Scale Ill to the plaintiff on any amount recovered, however small,
or to the defendant who successfully defends an action brought for
any amount, however small; and, in actions other than those for the
recovery of a debt or liquidated demand in
Regulations Fraser, vol. 1, p. 93. G.N. 604/46. G.N. 604/46. Regulations. Fraser, vol. 1, p. 104.

Regulations Fraser, vol. 1, p. 93. G.N. 604/46. G.N. 604/46. Regulations. Fraser, vol. 1, p. 104.

https://oelawhk.lib.hku.hk/items/show/1639

1950

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