Cap. 619 sub. leg. E

Competition Tribunal Fees Rules(Cap. 619, section 158)(Enacting provision omitted—E.R. 3 of 2015) [14 December 2015] L.N. 158 of 2015 1. (Omitted as spent—E.R. 3 of 2015) 2. Interpretation (1) In these Rules—CTR (《審裁處規則》) means the Competition Tribunal Rules (Cap. 619 sub. leg. D);proceedings (法律程序) means any proceedings before the Tribunal;Registrar (司法常務官) means the Registrar of the Tribunal;Registry (登記處) means the Registry of the Tribunal;RHC (《高院規則》) means the Rules of the High Court (Cap. 4 sub. leg. A).(2) A reference in Schedule 1 or 2 to a provision of the RHC is a reference to the provision as applied under the CTR.(E.R. 3 of 2015) 3. Fees payable in Tribunal (1) A fee of the amount specified in the First Schedule to the High Court Fees Rules (Cap. 4 sub. leg. D) for the item that bears the item number specified in column 3 of Schedule 1 is payable to the Registrar in connection with any proceedings for the matter described in column 2 of that Schedule opposite that item number.(2) A fee of the amount specified or described in column 3 of Schedule 2 is payable to the Registrar in connection with any proceedings for the matter described in column 2 of that Schedule opposite that amount. 4. Power of Registrar (1) The Registrar may reduce, remit or defer payment of a fee payable under these Rules as he or she thinks fit in a particular case.(2) If the Registrar exercises the power under subrule (1), he or she must endorse on the relevant document a note of the reduction, remission or deferment and the reason for it. 5. Proof of payment of fees A fee paid under these Rules is evidenced by causing the relevant document to be franked with the amount of the fee. Schedule 1 [rr. 2 & 3(1)]Matters for which Fees Equivalent to those Fees Specified in High Court Fees Rules (Cap. 4 sub. leg. D) are Payable Column 1 Column 2 Column 3 Item Description Corresponding item in First Schedule to the High Court Fees Rules (Cap. 4 sub. leg. D) 1. Taking evidence, etc. (a) For every witness examined for taking evidence for future use by a member of the Tribunal or the Registrar, per day or part of a day 3 (b) Attendance of a public officer to produce or prove in the Tribunal a record or document, per hour or part of an hour 4 (c) Attendance by the Registrar or officer of the Tribunal outside the Tribunal, per occasion 7 2. Copies (a) Copy of documents typed in the Registry and certifying it— (i) for the first copy, per page 8(a) (ii) for each additional copy, per page 8(b) (b) Photostatic copy of a document made in the Registry, per page 9(a) (c) Photostatic copy and certification, per page 9(b) (d) Photostatic copy of a library book, per page 9(c) 3. Translations and transcriptions (a) Translation made in the Registry of a document from Chinese into English, or vice versa including certificate, per page 10(a) (b) Transcription and translation made in the Registry, from Chinese into English, or vice versa, of a tape or recording including certificate, per page 10(b) (c) Certifying translations made outside the Registry, from Chinese into English, and vice versa, per page 11(a) (d) Certifying transcription made outside the Registry, from Chinese into English, and vice versa, of a tape or recording, per page 11(b) 4. Searches Search in the Registry, for each document or file referred to or required 12 5. Service Service of a document by a bailiff, per document 13 6. Execution (a) Arresting any person 14 (b) Execution of writ of possession, per writ 15 7. Bailiff’s expenses Watchman’s fee, per day or part of a day 17(a) 8. Miscellaneous fees (a) Authentication of document by the Registrar, per document 21 (b) Sealing a notice in Form No. 80 under Order 50, rule 11(2) of the RHC, per notice 22 (c) Sealing an injunction order made before the commencement of proceedings, per order 23 (E.R. 3 of 2015) Schedule 2 [rr. 2 & 3(2)]Matters for which Specified Fees are Payable Column 1 Column 2 Column 3 Item Description Fees 1. Commencement of proceedings (a) Sealing an originating notice of application mentioned in rule 7, 74, 83 or 94 of the CTR, per notice $1,045.00 (b) Sealing a notice of application for leave to apply for review of a reviewable determination mentioned in rule 60 of the CTR, per notice $1,045.00 (c) Sealing an originating notice of claim mentioned in rule 93 of the CTR, per notice $1,045.00 2. Setting down for trial or entry for hearing in the Tribunal (a) Setting down an application, action, matter or issue for trial, for each application, action, matter or issue $1,045.00 (b) Entering a reference for hearing of an assessment of damages by the Registrar, for each case $1,045.00 3. Taking evidence, etc. (a) Attendance of a public officer to give evidence as an expert witness, per hour or part of an hour The amount as assessed by the member of the Tribunal or the Registrar or, if no such amount is assessed, $440.00 (b) Attendance of a public officer to give evidence other than as an expert witness— (i) for the first 2 hour or part of it $440.00 (ii) for each subsequent hour or part of it $220.00 4. Bailiff’s expenses (a) Caretaker’s fee, per day or part of a day An amount equal to the actual expenditure (b) Caretaker or watchman’s transportation expenses An amount equal to the actual expenditure plus 20% of that expenditure 5. Taxation of costs (a) Filing of a notice of commencement of taxation under Order 62, rule 21(1) of the RHC or on any assessment or determination of costs under an order made by the Tribunal or the Court of First Instance or an Ordinance (except assessment under Order 62, rule 9 or 9A of the RHC), for every $100 or fraction of $100 of the amount claimed— (i) for the first $100,000 $6.00 (ii) for the next $150,000 $4.00 (iii) for the next $250,000 $3.00 (iv) for the remainder $1.00 (b) Withdrawal of a bill of costs within 7 days after the application for setting down the taxation under Order 62, rule 21A(1) of the RHC is made An amount equal to 10% of the taxing fee which would be payable if the bill was to be allowed in full or $1,000, whichever is the lesser 6. Execution (a) Sealing a warrant for arrest of a respondent or defendant, or for the attachment of property before judgment, per warrant $1,045.00 (b) Sealing a writ of execution or writ of possession, per writ $1,045.00 (c) Sealing a prohibitory order, per order $1,045.00 (d) Sealing an order for the examination of a judgment debtor (or an officer of the judgment debtor), per order $1,045.00 (e) Sealing a prohibition order, per order $1,045.00 (f) Sealing an order imposing a pecuniary penalty under section 93 of the Ordinance, per order $1,045.00 (g) Sealing an order imposing a financial penalty under section 169 of the Ordinance, per order $1,045.00 (h) Sealing an order of declaration made under the Ordinance, per order $1,045.00