### District Court Ordinance 《區域法院條例》

53. Costs
(1) The costs of and incidental to all proceedings in the Court, including the administration of estates and trusts, are in the discretion of the Court, and the Court has full power to determine by whom and to what extent the costs are to be paid.
(2) Without prejudice to the generality of subsection (1), the Court may, in accordance with rules of court, make an order awarding costs against a person who is not a party to the relevant proceedings, if the Court is satisfied that it is in the interests of justice to do so. (Replaced 3 of 2008 s. 32)
(3) In any civil proceedings before it, the Court may, in accordance with rules of court, by order disallow, or order the legal representative concerned to meet, the whole or any part of any wasted costs. (Added 3 of 2008 s. 23)
(4) When determining whether or not to make an order under subsection (3), the Court shall, in addition to all other relevant circumstances, take into account the interest that there be fearless advocacy under the adversarial system of justice. (Added 3 of 2008 s. 23)
(5) In subsection (3), wasted costs (虛耗訟費) means any costs incurred by a party as a result of—
(a) an improper or unreasonable act or omission; or
(b) any undue delay or other misconduct or default,

on the part of any legal representative, whether personally or through an employee or agent of the legal representative. (Added 3 of 2008 s. 23)

(6) In this section, legal representative (法律代表), in relation to a party to any proceedings, means a counsel or solicitor conducting litigation on behalf of the party. (Added 3 of 2008 s. 23)
(Added 28 of 2000 s. 28)

### District Court Ordinance 《區域法院條例》

53A. Costs-only proceedings
(1) This section applies where—
(a) the parties to a dispute have agreed on all the issues in dispute, including who is to pay the costs of and incidental to the dispute;
(b) the agreement has been made or confirmed in writing;
(c) no proceedings relating to the dispute have been commenced; and
(d) the parties have failed to agree on the amount of the costs of and incidental to the dispute.
(2) Subject to any other Ordinance, either party to the agreement may commence proceedings for an order for the costs of and incidental to the dispute, in accordance with rules of court.
(3) In any proceedings commenced under subsection (2) or transferred to the Court under section 52C of the High Court Ordinance (Cap. 4), the Court may—
(a) make an order for the costs of and incidental to the dispute to be taxed or assessed;
(b) make an order awarding costs to or against any party to the proceedings; and
(c) make an order awarding costs against a person who is not a party to the proceedings, if it is satisfied that it is in the interests of justice to do so.
(4) A reference to costs in subsection (3)(b) and (c) is a reference to the costs of and incidental to the proceedings commenced under subsection (2) or transferred to the Court under section 52C of the High Court Ordinance (Cap. 4).
(5) The Court has jurisdiction to make an order under subsection (3) if the amount of the party’s claim for those costs does not exceed $3,000,000. (Amended L.N. 131 of 2018)
(6) In this section, Court (區域法院) includes the Registrar and a master of the Court.
(Added 3 of 2008 s. 5)

53B. Transfer of costs-only proceedings to Court of First Instance
(1) The Court may, either of its own motion or on the application of any party, order the transfer of proceedings commenced under section 53A(2) to the Court of First Instance.
(2) An order may be made under this section at any stage of the proceedings.
(Added 3 of 2008 s. 5)

### District Court Ordinance 《區域法院條例》

53C. Scale of costs on which costs awarded under section 53A are taxed
(1) Where the Court has made an award of costs under section 53A(3), it may order that those costs be taxed in accordance with—
(a) Schedule 1 and Schedule 2 to Order 62 of the Rules of the District Court (Cap. 336 sub. leg. H); or
(b) the First Schedule and the Second Schedule to Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A).
(2) Where an award of costs under section 53A(3) is made by the Registrar or a master of the Court, the power of the Court under subsection (1) in relation to those costs may be exercised by the Registrar or that master (as the case may be).
(Added 3 of 2008 s. 5)

58. Assessors
(1) In any civil proceedings, the Court may call to its aid not more than 2 assessors specially qualified and may dispose of such proceedings, wholly or in part, with the aid of such assessor or assessors, but the decision of the judge shall be the decision of the Court.
(2) The Court may determine the remuneration, if any, to be paid to an assessor in respect of his services. (Amended 28 of 2000 s. 30)
(3) This section does not authorize the payment of remuneration to a person employed full time in any office of emolument of the Government. (Added 28 of 2000 s. 30)
(22 of 1962 s. 34 incorporated)

59. Examination of witnesses outside the jurisdiction of the Court
(1) The Court of First Instance has the same power to issue a commission, request or order to examine witnesses outside the jurisdiction of the Court for the purpose of proceedings in the Court as it has for the purpose of a cause or matter in the Court of First Instance.
(2) The Court of First Instance may order that the proceedings be transferred to the Court of First Instance where an application is made to examine witnesses outside the jurisdiction of the Court.
(Replaced 28 of 2000 s. 31)

### District Court Ordinance 《區域法院條例》

60. Oral and written judgments, etc.
(1) The reasons for any judgment or order of the Court may be delivered orally or in writing. (Amended 1 of 1993 s. 3)
(1A) Where the reasons for any judgment or order are delivered orally, those reasons shall be reduced to writing within 21 days after the hearing or the trial and the reasons so reduced to writing shall be signed by the judge. (Added 1 of 1993 s. 3)
(2) Every party to the proceedings shall be entitled to a copy of any written judgment or order on payment of such fees as may be prescribed.
(3) (Repealed 1 of 1993 s. 3)(22 of 1962 s. 36 incorporated)

62. Death or absence of judge before conclusion of trial
(1) Where a judge is prevented by death, absence or otherwise howsoever from concluding the trial of any cause, any other judge, with the consent of the parties, may proceed therewith and may give judgment therein and in so doing may act not only upon any further evidence adduced in the proceedings but also upon any evidence already received insofar as it has been recorded.
(2) For the purposes of this section, the fact that a judge purports to proceed with an unconcluded trial in accordance with the provisions of subsection (1), shall be conclusive evidence that the former judge in such cause is dead, absent or otherwise not available.
(22 of 1962 s. 38 incorporated)