These rules let the court allow set witness allowances for professional witnesses, expert witnesses, and other witnesses who lose pay or incur expenses, subject to caps and a 3-month claim deadline.
Criminal Procedure (Witnesses’ Allowances) Rules(Cap. 221 section 9B) [19 November 1971](Format changes—E.R. 1 of 2013) 1. Citation These rules may be cited as the Criminal Procedure (Witnesses’ Allowances) Rules. 2. Interpretation In these rules, unless the context otherwise requires—court (法庭) includes the District Court and a magistrate;witness (證人) has the meaning assigned to it in section 9B(3)(b) of the Ordinance. (6 of 1990 s. 12) 3. Allowances for professional witnesses (1) The court may allow in respect of a witness practising as a member of the legal or medical profession or as a dentist or veterinary surgeon for attending to give professional evidence, whether in one or more cases, a professional witness allowance not exceeding $3,290 for each day the witness is necessarily absent from the witness’s place of residence or practice to attend for such purpose.(2) If the witness attends on any day to give evidence, whether in one or more cases, and the period during which the witness is necessarily absent from the witness’s place of residence or practice to attend for such purpose does not exceed 4 hours, the professional witness allowance for that day must not exceed $1,640.(L.N. 474 of 1993; L.N. 49 of 1996; L.N. 258 of 2008; L.N. 182 of 2012; L.N. 59 of 2015; L.N. 52 of 2017; L.N. 38 of 2019; L.N. 64 of 2021; L.N. 88 of 2023) 4. Allowances for expert witnesses (1) The court may allow in respect of an expert witness for attending to give expert evidence, whether in one or more cases, an expert witness allowance not exceeding $3,290 for each day the witness is necessarily absent from the witness’s place of residence, business or employment to attend for such purpose.(2) If the witness attends on any day to give evidence, whether in one or more cases, and the period during which the witness is necessarily absent from the witness’s place of residence, business or employment to attend for such purpose does not exceed 4 hours, the expert witness allowance for that day must not exceed $1,640.(L.N. 474 of 1993; L.N. 49 of 1996; L.N. 258 of 2008; L.N. 182 of 2012; L.N. 59 of 2015; L.N. 52 of 2017; L.N. 38 of 2019; L.N. 64 of 2021; L.N. 88 of 2023) 5. Allowances for loss of remuneration or expenses incurred (1) The court may allow in respect of a witness who attends to give evidence (other than professional or expert evidence), whether in one or more cases, and thereby loses remuneration or necessarily incurs expense (other than expense on account of lodging or subsistence) to which the witness would not otherwise have been subject, a loss allowance not exceeding $655 for each day of attendance, in respect of that loss or expense.(2) If the period during which the witness is necessarily absent from the witness’s place of residence, business or employment to attend to give evidence does not exceed 4 hours, the witness’s loss allowance must not exceed $325.(L.N. 238 of 1978; L.N. 403 of 1983; L.N. 474 of 1993; L.N. 49 of 1996; L.N. 258 of 2008; L.N. 182 of 2012; L.N. 59 of 2015; L.N. 52 of 2017; L.N. 38 of 2019; L.N. 64 of 2021; L.N. 88 of 2023) 6. (Repealed L.N. 238 of 1978) 7. Allowance to be claimed within 3 months Any sum allowed under these rules shall cease to be payable unless claimed within 3 months from the date on which it was allowed.(L.N. 110 of 1972)