HKSAR v. LI CHUN TING

HKSAR v. LI CHUN TING

Apply the common fund basis to criminal taxation but use the Law Society's agreed hourly rates (Consolidation Circular updated April 2008) as the reference table with flexibility; receiving party may apply for higher rates but must state and justify them in the bill; government counsel are taxed on the same basis as...

Source-derived case information.

Citation
[2018] HKCFI 55
Parties
Receiving Party: HKSAR; Paying Party: Li Chun Ting
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 January 2018
Case Number
HCMA311/2007
Procedural Posture
Review of Taxation of Costs (criminal Appeal) / Application for Review Under Cap.492 a Ss 7 8; Hearing in Chambers 9 January 2018; Decision Delivered 16 January 2018
Outcome
Application for review granted in part as clarification; original taxed amount unchanged; no order as to costs
Legal Topics
Taxation of Costs, Hourly Rates for Solicitors, Common Fund Basis, Legal Aid Rates, Remuneration of Government Counsel
Source Language
en
Criminal Procedure Costs and Taxation Administrative Law Taxation of Costs Hourly Rates for Solicitors Common Fund Basis Legal Aid Rates Remuneration of Government Counsel

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Parties

HKSAR

Receiving Party

Li Chun Ting

Paying Party

Procedural Posture

Review of Taxation of Costs (criminal Appeal) / Application for Review Under Cap.492 a Ss 7 8; Hearing in Chambers 9 January 2018; Decision Delivered 16 January 2018

Legal Issues

  1. 1 Whether standing hourly rates (July 1997 protocol and Law Society consolidation circular) should apply prior to fixation by special committee
  2. 2 Whether standard rates for government counsel and staff must be strictly adhered to for criminal appeal bills
  3. 3 Whether a solicitor who performs both solicitor and advocate roles is entitled to higher rates of charge

Ratio Decidendi

Apply the common fund basis to criminal taxation but use the Law Society's agreed hourly rates (Consolidation Circular updated April 2008) as the reference table with flexibility; receiving party may apply for higher rates but must state and justify them in the bill; government counsel are taxed on the same basis as private practitioners and seniority/experience determine appropriate rates.

Court Disposition

Application for review granted in part as clarification; original taxed amount unchanged; no order as to costs

Orders

  • Clarified that the common fund basis applies to criminal taxation and that the Law Society's agreed hourly rates (Consolidation Circular updated April 2008) are the reference for solicitors' hourly rates
  • Directed that DOJ may apply for higher hourly rates in the bill but must set out and justify each request