Cap. 492A 《刑事案件訟費規則》Costs in Criminal Cases Rules

For the purposes of section 18 of the Ordinance, a wasted costs order can provide for the whole or any part of the wasted costs to be disallowed or ordered to be paid and a court must specify the amount of such costs.

Before making a wasted costs order, a court, in addition to having regard to section 18(2) of the Ordinance, must allow any party to the proceedings to make representations.

When making a wasted costs order a court can take into account any other order as to costs in respect of the proceedings and can take the wasted costs into account when making any other such order.

Where a wasted costs order has been made a court must notify the legal or other representative and any interested party of the order and the amount disallowed or ordered to be paid.

For the purposes of section 19 of the Ordinance—

can appeal—

Subject to this rule—

with such modifications as may be necessary to make the same applicable to the circumstances of the appeal.

Subject to subrule (5), an appeal is subject to payment of the prescribed fee and must be instituted within 21 days of the costs order or the wasted costs order being made by the appellant’s giving notice in writing to the court which made the order, stating the grounds of appeal.

The appellant must serve a copy of the notice of appeal and grounds, including any application under subrule (5) for an extension of time in which to appeal, on any interested party.

The time limit within which an appeal can be instituted can on application, for good reason, be extended before and after it expires—

and in each case the court to which the appeal is made must give notice of the extension to the appellant, the court which made the costs order or the wasted costs order and any interested party.

The court must give notice of the hearing date to the appellant, the court which made the costs order or the wasted costs order and any interested party and must allow the interested party to make representations either orally or in writing.

The court can affirm, vary or revoke the order as it thinks fit and must give notice of its decision to the appellant, the court which made the order and any interested party.

For the purposes of section 20 of the Ordinance, where a court orders that costs are to be taxed, those costs must be taxed by the taxing authority in accordance with this rule and rules 6 and 7.

Subject to subrule (3), the taxing authority is—

The taxing authority can appoint or authorize the appointment of public officers as taxing officers to act on behalf of the taxing authority under this rule and rules 6 and 7 in accordance with directions given in writing or on behalf of the taxing authority.

Subject to rule 9, no claim for costs can be entertained unless it is submitted within 3 months of the date on which the costs order was made.

Subject to subrule (3), a claim for costs must be submitted to the taxing authority by the claimant in such form and manner as it directs and must be accompanied by the prescribed fee and by any receipts, bills of costs or other documents in support of any disbursements claimed.

A claim must—

Where there are any special circumstances which are to be drawn to the attention of the taxing authority, the claimant must specify them.

The claimant must supply such further particulars, information and documents as the taxing authority requires.

The claimant must serve on any interested party a copy of the claim, any receipts, bills of costs or other documents in support of any disbursements claimed, and any further particulars, information and documents supplied to the taxing authority.

The claimant must state whether he wishes to appear and be heard or to be represented and, if he so wishes, the taxing authority must give notice to the claimant and any interested party of the venue and time at which the claim is to be heard.

The taxing authority must consider the claim, any further particulars, information or documents supplied by the claimant under rule 6 and any representation by any interested party and must allow such costs in respect of—

as it considers reasonably sufficient to compensate the claimant for any expenses properly incurred by the claimant in the proceedings.

In taxing costs under subrule (1) the taxing authority must take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved.

For the purposes of this rule, there must be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the taxing authority may have as to whether the costs were actually and reasonably incurred or were reasonably sufficient in amount must be resolved against the claimant.

Having taxed the costs payable to the claimant, the taxing authority must give notice to the claimant of the costs allowed and payable by virtue of this rule.

Where the taxing authority under subrule (4) has notified a claimant of the costs allowed and payable by virtue of this rule, that claimant must serve on every interested party a copy of that notification.

A claimant or an interested party (the applicant) who is aggrieved with a taxation of costs under rule 7 by a taxing authority may apply to the taxing authority for a review of that taxation.

Subject to rule 9, the application must be made, within 21 days of the receipt of notification of the costs allowed and payable by virtue of rule 7(4), by giving notice in writing to the taxing authority specifying the items in respect of which the application is made and the grounds of objection and must be made in such form and manner as the taxing authority directs.

Subject to this rule, rules 33 and 34 of Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A) shall apply to a review under this rule with such modifications as may be necessary to make the same applicable to the circumstances of the review. (39 of 1999 s. 3; E.R. 6 of 2019)

The applicant must serve on any interested party a copy of the notice of application made under subrule (1).

The notice of application must state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the taxing authority must give notice to the applicant and any interested party of the venue and time at which the taxation is to be reviewed.

The notice of application must be accompanied by any particulars, information and documents supplied under rule 6 and the applicant must supply such further particulars, information and documents as the taxing authority requires.

The taxing authority must review the costs, whether by way of increase, decrease or at the level previously taxed, in the light of the objections made by the claimant or on behalf of the applicant and any representation by any interested party and must give notice to all parties of its decision.

The applicant or any interested party can request the taxing authority to give reasons in writing for its decision and, if so requested, the taxing authority must comply with the request.

Subject to rule 9, any request under subrule (8) must be made in writing within 21 days of receiving notice of the decision.

Subject to subrule (2), the time limit within which there must be made or instituted a claim for costs by a claimant under rule 6, an application by an applicant for a review under rule 8, or a request by an applicant or any interested party for the taxing authority to give reasons for its decision on a review under rule 8 can on application, for good reason, be extended by the taxing authority.

Where a claimant, an applicant or any interested party, as the case may be, without good reason has failed, or, if an extension were not granted, would fail, to comply with a time limit of the description mentioned in subrule (1), the taxing authority can on application, in exceptional circumstances, extend the time limit for a further period not exceeding 21 days.

For the purposes of rule 4(3), the fee payable on appeal against an award of costs is to be the same amount as the fee specified in item 2 of the First Schedule to the High Court Fees Rules (Cap. 4 sub. leg. D).

For the purposes of rule 6(2) the fee payable on a claim for taxation of costs—