Cap. 638K 《法院程序(電子科技)(高等法院)(電子費用)規則》Court Proceedings (Electronic Technology) (High Court) (Electronic Fees) Rules

生效中

版本日期: 2025-06-30

Cap. 638J

Cap. 639

Court Proceedings (Electronic Technology) (High Court) (Electronic Fees) Rules

(Made by the Chief Justice under section 29 of the Court Proceedings (Electronic Technology) Ordinance (Cap. 638))

[30 June 2025]

Part 1 — Preliminary

1. Commencement

These Rules come into operation on 30 June 2025.

2. Interpretation

In these Rules—

concessionary period (寬減期) means the period of 3 years beginning on the earliest date specified under section 32(2) of the Ordinance in relation to the High Court; court-related matter (法院相關事宜) means—(a)an act or matter that relates to a proceeding in the High Court; or(b)a service, or other matter, made available or provided by the High Court, the Registry or an office of the High Court; e-fee (電子費用) means a fee that is payable under these Rules for a court-related matter that is carried out by means of an e-system; Fees Rules (《費用規則》) means the High Court Fees Rules (Cap. 4 sub. leg. D); HCO (《高院條例》) means the High Court Ordinance (Cap. 4); Registry (登記處) means a registry of the High Court; RHC (《高院規則》) means the Rules of the High Court (Cap. 4 sub. leg. A).

Part 2 — Application

3. Application

These Rules apply in relation to a court-related matter that is carried out by means of an e-system.

Part 3 — e-fees Payable for Certain Proceedings in High Court

4. e-fees payable for High Court proceedings

(1)

Subject to subrule (2), the following e-fee is payable for a court-related matter described in column 2 of Part 1 of the Schedule (general matter)—

(a)

during a period other than the concessionary period—the general fee for the item that bears the item number specified in column 3 of Part 1 of the Schedule opposite to the general matter;

(b)

during the concessionary period—a fee of an amount equivalent to 80% of the general fee for the item that bears the item number specified in column 3 of Part 1 of the Schedule opposite to the general matter.

(2)

No e-fee is payable for item 5(a) of Part 1 of the Schedule.

(3)

The following e-fee is payable for a court-related matter described in column 2 of Part 2 of the Schedule (probate matter)—

(a)

during a period other than the concessionary period—the probate fee for the item that bears the item number specified in column 3 of Part 2 of the Schedule opposite to the probate matter;

(b)

during the concessionary period—a fee of an amount equivalent to 80% of the probate fee for the item that bears the item number specified in column 3 of Part 2 of the Schedule opposite to the probate matter.

(4)

If a court-related matter falling within item 21 of the Second Schedule to the Fees Rules (item 21 matter) is one that is similar to a general matter, an e-fee is payable for the item 21 matter as an e-fee payable for the general matter under subrule (1).

(5)

In this rule—

general fee (一般費用), in relation to an item, means a fee specified or described for the item in the First Schedule to the Fees Rules; probate fee (遺囑認證費用), in relation to an item, means a fee specified for the item in the Second Schedule to the Fees Rules.

5. e-fees payable for applications for certified copies of Hong Kong Judgments

(1)

The following e-fee is payable for an application under section 38(1) of the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639)—

(a)

during a period other than the concessionary period—the prescribed fee mentioned in section 38(2)(b) of that Ordinance;

(b)

during the concessionary period—a fee of an amount equivalent to 80% of that prescribed fee.

(2)

The following e-fee is payable for an application under section 33(1) of the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645)—

(a)

during a period other than the concessionary period—the prescribed fee mentioned in section 33(2)(b) of that Ordinance;

(b)

during the concessionary period—a fee of an amount equivalent to 80% of that prescribed fee.

Part 4 — Miscellaneous

6. Rounding rule for e-fees payable during concessionary period

(1)

A concessionary fee that is less than $5 must be rounded to the nearest 10 cents.

(2)

A concessionary fee that is $5 or more but less than $10 must be rounded to the nearest 50 cents.

(3)

A concessionary fee that is $10 or more but less than $100 must be rounded to the nearest whole dollar.

(4)

A concessionary fee that is $100 or more but less than $1,000 and is not a multiplier of $5 must be rounded to the nearest multiplier of $5.

(5)

A concessionary fee that is $1,000 or more but less than $10,000 and is not a multiplier of $10 must be rounded to the nearest multiplier of $10.

(6)

A concessionary fee that is $10,000 or more but less than $100,000 and is not a multiplier of $50 must be rounded to the nearest multiplier of $50.

(7)

A concessionary fee that is $100,000 or more and is not a multiplier of $100 must be rounded to the nearest multiplier of $100.

(8)

In this rule—

concessionary fee (寬減費用) means the e-fee payable under rule 4(1)(b) or (3)(b) or 5(1)(b) or (2)(b).

7. Specific fee payable instead of general fee

If an e-fee is specified specifically for a court-related matter, that fee is payable in substitution for and not in addition to any other general e-fee that is also payable for the matter.

8. Power of Registrar

(1)

The Registrar may reduce, remit or defer payment of an e-fee as the Registrar considers appropriate in a particular case.

(2)

If the Registrar exercises the power under subrule (1), the Registrar must endorse on the relevant document a note of the reduction, remission or deferment and the reason for it.

(3)

In this rule—

Registrar (司法常務官) has the meaning given by Order 1, rule 4(1) of the RHC.

Schedule — Determination of e-fees

[r. 4]

Part 1 — Fees Specified or Described in First Schedule to Fees Rules

Column 1	Column 2	Column 3

Item	Description	Corresponding item in First Schedule to Fees Rules

1.	On sealing—
	(a)a writ of summons (except a concurrent, renewed or amended writ), per writ	1
	(b)an originating summons, per summons	1
	(c)an originating notice of motion, per notice	1
	(d)an originating petition, per petition	1
	(e)an originating ex parte application, per application	1
	(f)any other originating document, per document	1
2.	(a)Setting down a cause or issue for hearing	2
	(b)Setting down a civil appeal, motion or summons for hearing	2
	(c)Entering a reference for hearing of an assessment of damages by the Registrar (as defined by section 2 of the HCO)	2

3.	Appeal against an award of costs under section 19 of the Costs in Criminal Cases Ordinance (Cap. 492)	2

4.	Copy of a document typed in the Registry and certifying the copy, per page	8(a)

5.	(a)Copy of a document obtained from an e-system	9(a)
	(b)Copy of a document made in the Registry and certification, per page	9(b)

6.	(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)

7.	(a)Certifying translation made outside the Registry from Chinese into English, or vice versa, per page	11(a)
	(b)Certifying transcription made outside the Registry from Chinese into English, or vice versa, of a tape or recording, per page	11(b)

8.	Search (other than a search within the High Court’s probate jurisdiction), for each document or file referred to or required	12

9.	On sealing—
	(a)a warrant for arrest of a defendant, for the arrest and detention of a ship or for the attachment of property before judgment, per warrant	16
	(b)a writ of execution or writ of possession, per writ	16
	(c)a prohibitory order, per order	16
	(d)an order for the examination of a judgment debtor (or an officer of a judgment debtor), per order	16
	(e)a prohibition order, per order	16

10.	On filing a notice of commencement of taxation under Order 62, rule 21(1) of the RHC or on any assessment or determination of costs pursuant to any court order or Ordinance (except assessment under Order 62, rule 9 or 9A of the RHC), for every $100 or fraction of $100 of the amount claimed—
	(a)for the first $100,000	19(a)
	(b)for the next $150,000	19(b)
	(c)for the next $250,000	19(c)
	(d)for the remainder	19(d)

11.	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	19a

12.	Authentication of a document by the Registrar (as defined by section 2 of the HCO)	21

13.	On sealing a notice in Form No. 80 in Appendix A of the RHC filed under Order 50, rule 11(2) of the RHC, per notice	22

14.	On sealing an injunction order undertaken before commencement of a cause, or an order made under section 21M of the HCO, per order	23

Part 2 — Fees Specified in Second Schedule to Fees Rules

Column 1	Column 2	Column 3

Item	Description	Corresponding item in Second Schedule to Fees Rules

1.	Every search within the High Court’s probate jurisdiction	7

2.	Filing inventory	17