### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

40A. Suitors’ Funds Rules
(1) The Chief Justice may make rules for regulating the following matters—
(a) the deposit, payment, delivery, and transfer in, into, and out of the Court of money of suitors;
(b) the evidence of such deposit, payment, delivery, or transfer, and the investment of and other dealings with money in the Court;
(c) the execution of the orders of the Court; and
(d) the powers and duties of the Registrar with reference to such money.
(2) Without limiting subsection (1), rules made under that subsection may provide for—
(a) regulating the placing on and withdrawal from deposit of money in the Court, and the payment or crediting of interest on money placed on deposit;
(b) determining the smallest amount of money on deposit on which interest is to be credited to an account to which money placed on deposit belongs;
(c) determining the time at which money placed on deposit is to begin and to cease to bear interest and the mode of computing such interest;
(d) determining the cases in which money placed on deposit is to begin and to cease to bear interest and the mode of computing such interest;
(e) determining the cases in which interest on money placed on deposit is to be placed on deposit; and
(f) disposing of money remaining unclaimed in the Court.
(Added 20 of 2014 s. 29)

41. Registry
There shall be a Registry of the Court, which shall be in the charge of the Registrar.

42. The Registrar
(1) There shall be attached to the Court a Registrar.
(2) The Registrar shall be appointed by the Chief Executive and shall possess the same qualifications as are required under section 37AA(1) of the High Court Ordinance (Cap. 4) for appointment as the Registrar of the High Court. (Amended 120 of 1997 ss. 4 & 18; 10 of 2005 s. 157)
(3) The Registrar shall have and may exercise and perform such jurisdiction, powers and duties as may be conferred or imposed on him by or under rules of court or any other law.
(4) The Chief Justice may appoint such other officers of the Court as may be required for the conduct of business of the Court who may exercise and perform such jurisdiction, powers and duties as may be conferred or imposed on them by or under rules of court or any other law.
(5) The Chief Justice shall, in the absence of the Registrar for any cause, appoint a person who possesses the same qualifications as are required under section 37AA(1) of the High Court Ordinance (Cap. 4) for appointment as the Registrar of the High Court to act in the place of the Registrar. (Amended 10 of 2005 s. 157)

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

43. Costs
(1) Costs, including costs in the courts below or before a magistrate, shall be paid by such party or person as the Court shall order, and such costs shall be taxed by the Registrar, or some other officer of the Court to whom the Registrar may delegate this function. (Amended 23 of 2002 s. 8)
(2) Where the Appeal Committee refuses an application for leave to appeal, the costs of and occasioned by the application shall be paid by such party or person as the Appeal Committee shall order, and such costs shall be taxed by the Registrar, or some other officer of the Court to whom the Registrar may delegate this function. (Added 23 of 2002 s. 8)

44. Non-prosecution of appeal
(1) Where an appellant, who has obtained final leave to appeal under Part II or leave to appeal under Part III, fails to prosecute his appeal with due diligence, the Court may dismiss the appeal for non-prosecution, or give such other directions as it thinks fit.
(2) An appellant whose appeal has been dismissed for non-prosecution may apply to the Court for an order that his appeal be restored.
(3) Where an appeal has been dismissed under this section a respondent may apply to the Court for an order for costs.

45. Appeal from decision on taxation
(1) Any party aggrieved by a decision on a taxation of costs may appeal to the Court in accordance with rules of court.
(2) A permanent judge may exercise all the powers of the Court to hear and determine an appeal under this section.

46. Powers of single permanent judge
(1) A single permanent judge may exercise the powers of the Court—
(a) to extend the time for making an application for leave to appeal; and
(b) to make an order for or in relation to bail under Part III,
but where the judge refuses an application to exercise any of these powers, the applicant shall be entitled to have the application determined by the Appeal Committee which for the purposes of this section may exercise all the powers of the Court.
(2) In an application for leave to appeal or an appeal, any incidental order or direction, not involving the decision of the application or appeal, any interim order necessary to prevent prejudice to the parties and any order for security for costs or for the dismissal of an application or appeal for default in furnishing security so ordered, may be made or given at any time by a single permanent judge.
(3) Any order made under subsection (2) may be discharged or varied by the Appeal Committee.
(4) The powers exercisable by a single permanent judge under this section may, subject to rules of court, be exercised in chambers.

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

47. Sittings and business
(1) The Court shall sit at such times and at such places as the Chief Justice shall appoint.
(2) All proceedings before the Court or the Appeal Committee shall be held in open court to which the public shall have access.
(3) The Court or the Appeal Committee may, if it considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (4), no person, other than a person nominated by the Court or the Committee, shall be in court or in the building in which the Court or the Committee sits.
(4) Subsection (3) shall not apply to a person who is required to be in the Court or building by virtue of his office or profession or an order of a court or who is otherwise required for the purposes of any proceedings to be in the Court or building or to any one person representing a newspaper or news agency.
(5) Any person who contravenes a direction under subsection (3) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months and may be forcibly removed by any police officer from the Court or building. (Amended E.R. 2 of 2021)
(6) The distribution of business of the Court shall be made in accordance with directions given by the Chief Justice.

48. Seal
(1) The Court shall use such seal as the Chief Justice may direct.
(2) All judgments, orders, documents and exemplifications or copies thereof, shall be sealed with the seal referred to in subsection (1).
(3) Any judgment, order, document and any exemplification or copy thereof, shall, when purporting to be sealed under subsection (2), be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof.