### Arbitration Ordinance 《仲裁條例》

98ZM. Power of advisory body to make rules for matters under Part 10B
(1) The advisory body may, in consultation with the Secretary for Justice and with the prior approval of the Chief Justice, make rules for any or all of the following purposes—
(a) to specify the general conditions for the purposes of section 98ZK(1)(a);
(b) to specify the specific conditions for the purposes of section 98ZK(1)(b);
(c) to generally provide for the effective implementation of the purposes and provisions of this Part.
(2) Any rules made under subsection (1)—
(a) may be of general application or make different provisions for different cases or classes of cases; and
(b) may include the incidental, supplementary and consequential provisions that the advisory body considers necessary or expedient.

98ZN. Code of practice may be issued
(1) The authorized body may issue a code of practice setting out the practices and standards with which lawyers who enter into ORFS agreements for arbitration are ordinarily expected to comply in connection with those agreements.
(2) The authorized body must publish the code of practice in the Gazette.
(3) The code of practice comes into operation on the day on which it is published in the Gazette.
(4) The code of practice is not subsidiary legislation.
(5) The authorized body may amend or revoke the code of practice.
(6) Subsections (2), (3) and (4) apply in relation to an amendment or revocation of the code of practice in the same way as they apply in relation to the code of practice.

98ZO. Non-compliance with code of practice
(1) A failure to comply with a provision of the code of practice does not, of itself, render any person liable to any judicial or other proceedings.
(2) However—
(a) the code of practice is admissible in evidence in proceedings before any court or arbitral tribunal; and
(b) any compliance, or failure to comply, with a provision of the code of practice may be taken into account by any court or arbitral tribunal if it is relevant to a question being decided by the court or arbitral tribunal.

### Arbitration Ordinance 《仲裁條例》

98ZP. Communication of information for ORFS agreements for arbitration
(1) Despite section 18(1), information referred to in that section may be communicated by a party to a lawyer for the purpose of entering into, or seeking to enter into, an ORFS agreement for arbitration with the lawyer.
(2) However, the lawyer may not further communicate anything communicated under subsection (1), unless—
(a) the further communication is made—
(i) to protect or pursue a legal right or interest of the lawyer; or
(ii) to enforce or challenge an award made in the arbitration,
in legal proceedings before a court or other judicial authority in or outside Hong Kong;
(b) the further communication is made to any government body, regulatory body, court or tribunal, and the lawyer is obliged by law to make the communication; or
(c) the further communication is made to a professional adviser of the lawyer for the purpose of obtaining advice in connection with the ORFS agreement for arbitration.
(3) If a further communication is made by a lawyer to a professional adviser under subsection (2)(c), subsection (2) applies to the professional adviser as if the professional adviser were the lawyer.
(4) In this section—
communicate (傳達) includes publish or disclose.

98ZQ. Disclosure about ORFS agreement for arbitration
(1) If an ORFS agreement for arbitration is made between a client and a lawyer of the client, the lawyer must give written notice of—
(a) the fact that an ORFS agreement for arbitration has been made; and
(b) the name of the client.
(2) The notice must be given—
(a) for an ORFS agreement for arbitration made on or before the commencement of the arbitration—on the commencement of the arbitration; or
(b) for an ORFS agreement for arbitration made after the commencement of the arbitration—within 15 days after the agreement is made.
(3) The notice must be given to—
(a) each other party to the arbitration; and
(b) the arbitration body.
(4) For subsection (3)(b), if there is no arbitration body for the arbitration at the time, or at the end of the period, specified in subsection (2) for giving the notice, the notice must instead be given to the arbitration body immediately after there is an arbitration body for the arbitration.

98ZR. Disclosure about end of ORFS agreement for arbitration
(1) If an ORFS agreement for arbitration ends (other than because of the end of the arbitration), the client must give written notice of—
(a) the fact that the agreement has ended; and
(b) the date the agreement ended.
(2) The notice must be given within 15 days after the ORFS agreement for arbitration ends.
(3) The notice must be given to—
(a) each other party to the arbitration; and
(b) the arbitration body (if any).

### Arbitration Ordinance 《仲裁條例》

98ZS. Non-compliance with Division 7
(1) A failure to comply with this Division does not, of itself, render any person liable to any judicial or other proceedings.
(2) However, any compliance, or failure to comply, with this Division may be taken into account by any court or arbitral tribunal if it is relevant to a question being decided by the court or arbitral tribunal.

98ZT. Appointment of advisory body and authorized body
(1) The Secretary for Justice may, by notice published in the Gazette, appoint as the advisory body a person the Secretary for Justice considers appropriate to monitor and review the operation of this Part and exercise the power under section 98ZM.
(2) The Secretary for Justice may, by notice published in the Gazette, appoint as the authorized body a person the Secretary for Justice considers appropriate to exercise the powers under section 98ZN.

98ZU. Limitation on award of costs by arbitral tribunal
(1) Despite section 74(3), an arbitral tribunal may not order costs specified in subsection (3) to be paid to a party to an arbitration if an ORFS agreement for arbitration has been entered into between the party and a lawyer of the party for the arbitration.
(2) However, the arbitral tribunal may still order those costs to be paid to a party to the arbitration if satisfied that there are exceptional circumstances justifying the ordering of those costs.
(3) The costs are those that fall within any of the following descriptions—
(a) if the ORFS agreement for the arbitration is a conditional fee agreement—the success fee as defined by section 98ZC(2);
(b) any legal expenses insurance premium;
(c) any part of the fee that is in excess of the fee that the lawyer would have been entitled to be paid by the party if there had been no ORFS agreement for the arbitration (normal fee

99. Arbitration agreements may provide expressly for opt-in provisions
An arbitration agreement may provide expressly that any or all of the following provisions are to apply—
(a) section 1 of Schedule 2;
(b) section 2 of Schedule 2;
(c) section 3 of Schedule 2;
(d) sections 4 and 7 of Schedule 2;
(e) sections 5, 6 and 7 of Schedule 2.

100. Opt-in provisions automatically apply in certain cases
All the provisions in Schedule 2 apply, subject to section 102, to—
(a) an arbitration agreement entered into before the commencement of this Ordinance which has provided that arbitration under the agreement is a domestic arbitration; or
(b) an arbitration agreement entered into at any time within a period of 6 years after the commencement of this Ordinance which provides that arbitration under the agreement is a domestic arbitration.