These rules set how fees and costs are handled for legal officers in contentious and non-contentious matters.
Legal Officers (Fees and Costs) Rules(Cap. 87, section 10)[9 October 1953](Format changes—E.R. 5 of 2021) 1. Citation These rules may be cited as the Legal Officers (Fees and Costs) Rules. 2. Fees and costs in contentious proceedings (1) In any proceedings before any court or tribunal with regard to the matters referred to in section 4(1) of the Ordinance the fees and costs of and incidental to the conduct of such proceedings and the appearance of any legal officer shall be governed by Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A). (E.R. 5 of 2021)(2) For the purpose of the Rules of the High Court (Cap. 4 sub. leg. A), and in the application of any other legislative provision as to fees and costs or the practice relating thereto, a legal officer shall be deemed to have the status of a barrister and solicitor duly admitted under the Legal Practitioners Ordinance (Cap. 159): (E.R. 5 of 2021) Provided that, in consideration of an item which in a bill rendered by or against a private party would— (a) consist of costs allowable to a solicitor solely in relation to employment of counsel; or (b) consist of fees payable to counsel solely in relation to his instruction by a solicitor; or (c) involve remuneration to both solicitor and counsel in respect of the same event, the Registrar upon taxation shall be informed and shall take into consideration whether one or more legal officers were engaged upon preparation or upon hearing of the case. (3) If in any such proceedings the legal officer for the time being carrying out the duties of Secretary for Justice or Solicitor General appears before any court or tribunal, whether or not that legal officer is a Senior Counsel, the court or tribunal, or the Registrar upon taxation, may provide for such fees and costs as are consequent upon the appearance of leading counsel. (94 of 1997 s. 16; L.N. 362 of 1997)(25 of 1998 s. 2) 3. Non-contentious proceedings For the purpose of any agreement for the payment of fees and costs in non-contentious matters a legal officer shall be deemed to have the status of a barrister and solicitor duly admitted under the Legal Practitioners Ordinance (Cap. 159).