Cap. 638F 《法院程序(電子科技)(裁判法院)(電子費用)規則》Court Proceedings (Electronic Technology) (Magistrates’ Court) (Electronic Fees) Rules
生效中Court Proceedings (Electronic Technology) (Magistrates’ Court) (Electronic Fees) Rules
(Enacting provision omitted—E.R. 1 of 2023)
[21 December 2022] L.N. 190 of 2022
Part 1 — Preliminary
1. (Omitted as spent—E.R. 1 of 2023)
2. Interpretation
In these Rules—
concessionary period (寬減期) means the period of 5 years beginning on the earliest date specified under section 32(2) of the Ordinance in relation to the Magistrates’ Court; (L.N. 189 of 2022) court-related matter (法院相關事宜) means—(a)an act or matter that relates to a proceeding in the Magistrates’ Court; or(b)a service, or other matter, made available or provided by the Magistrates’ Court or a registry or an office of the Magistrates’ 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 Regulations (《費用規例》) means the Magistrates (Fees) Regulations (Cap. 227 sub. leg. B); magistrate (裁判官) has the meaning given by section 2 of the MO; MO (《裁判官條例》) means the Magistrates Ordinance (Cap. 227).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 Proceedings in Magistrates’ Court
4. e-fees payable for Magistrates’ Court proceedings
Subject to subrule (2), the following e-fee is payable for a court-related matter described in column 2 (relevant matter)—
during a period other than the concessionary period—the MC fee for the item that bears the item number specified in column 3 opposite to the relevant matter;
during the concessionary period—a fee of an amount equivalent to 80% of the MC fee for the item that bears the item number specified in column 3 opposite to the relevant matter.
No e-fee is payable for item 3(a) of Part 1 of the Schedule.
In this rule, a reference to a column is a reference to a column of Part 1 of the Schedule.
In this rule—
MC fee (裁判法院費用), in relation to an item, means a fee specified for the item in the scale of fees in regulation 2 of the Fees Regulations.5. e-fees payable for appeal by way of case stated
The following e-fee is payable for a court-related matter described in column 2 (relevant matter)—
during a period other than the concessionary period—the MO fee for the item that bears the item number specified in column 3 opposite to the relevant matter;
during the concessionary period—a fee of an amount equivalent to 80% of the MO fee for the item that bears the item number specified in column 3 opposite to the relevant matter.
In this rule, a reference to a column is a reference to a column of Part 2 of the Schedule.
In this rule—
MO fee (裁判官條例費用), in relation to an item, means a fee specified for the item in section 110(4) of the MO.6. e-fees payable for certificate of refusal to state a case
The following e-fee is payable for a certificate of refusal to state a case under section 111 of the MO—
during a period other than the concessionary period—a fee of an amount equivalent to the MO sum;
during the concessionary period—a fee of an amount equivalent to 80% of the MO sum.
In this rule—
MO sum (裁判官條例款項) means the sum specified in section 111 of the MO.Part 4 — Miscellaneous
7. Rounding rule for e-fees payable during concessionary period
A concessionary fee that is less than $5 must be rounded to the nearest 10 cents.
A concessionary fee that is $5 or more but less than $10 must be rounded to the nearest 50 cents.
A concessionary fee that is $10 or more but less than $100 must be rounded to the nearest whole dollar.
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.
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.
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.
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.
In this rule—
concessionary fee (寬減費用) means the e-fee payable under rule 4(1)(b), 5(1)(b) or 6(1)(b).8. 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.
Schedule — e-fees
[rr. 4 & 5]Part 1 — Fees Specified in Scale of Fees in Regulation 2 of Fees Regulations
| Column 1 | Column 2 | Column 3 |
| Item | Description | Corresponding item in Scale of Fees in regulation 2 of Fees Regulations |
| 1. | For affixing the signature of a magistrate, with or without the magistrate’s seal, to any statutory declaration or other document made or required for a purpose other than in or for a magisterial proceeding or matter exclusively within the duties of the office of a magistrate | 1 |
| 2. | Typed copy of depositions, charges or documentary exhibits in summary cases, per page | 2(a) |
| 3. | (a)Copy of a document obtained from an e-system | 3(a) |
| (b)Copy and certification, per page | 3(b) | |
| 4. | (a)Translation made in the magistracy of a document from Chinese into English, or vice versa, including certificate, per page | 4(a) |
| (b)Transcription and translation made in the magistracy, from Chinese into English, or vice versa, of a tape or recording including certificate, per page | 4(b) | |
| 5. | (a)Certifying translation made outside the magistracy, from Chinese into English, or vice versa, per page | 5(a) |
| (b)Certifying transcription made outside the magistracy, from Chinese into English, or vice versa, of a tape or recording, per page | 5(b) | |
| 6. | Search in the magistracy, for each document or file referred to or required | 6 |
Part 2 — Fees Specified in Section 110(4) of MO
| Column 1 | Column 2 | Column 3 |
| Item | Description | Corresponding item in section 110(4) of MO |
| 1. | Recognizance | 1 |