### High Court Fees Rules 《高等法院費用規則》

1. Citation
These Rules may be cited as the High Court Fees Rules.
(25 of 1998 s. 2; E.R. 2 of 2021)

2. Fees payable in the High Court
(1) The fees respectively specified in the First and Second Schedules shall be payable in respect of all proceedings in any action or matter whatsoever in the High Court, whenever commenced. (25 of 1998 s. 2)
(2) The Registrar may reduce, remit or defer payment of any fee specified in the First or Second Schedule as he may think fit in any particular case and shall in every case where he exercises this power endorse on the relevant document a note of such reduction, remission or deferment and the reason therefor.

3. Method of payment of fees
Unless otherwise in the Schedules provided, the said fees shall be payable by means of adhesive stamps, or by causing the relevant documents to be franked with the amount of fees.

4. Application to the Crown
These Rules shall apply to all proceedings by or against the Crown.
(E.R. 2 of 2021)

5. Transitional provision relating to the High Court Fees (Amendment) Rules 2008
Where a party entitled to require any costs to be taxed has obtained an appointment to tax before the commencement* of rule 3(a) and (b) (the amending rule

### High Court Ordinance 《高等法院條例》

1. Short title
This Ordinance may be cited as the High Court Ordinance.
(Amended 25 of 1998 s. 2)

### High Court Ordinance 《高等法院條例》

3. High Court
(1) There shall be a High Court of the Hong Kong Special Administrative Region consisting of the Court of First Instance and the Court of Appeal.
(2) Subject to the provisions of this Ordinance, the High Court shall be a court of unlimited civil and criminal jurisdiction.
(Replaced 110 of 1997 s. 8)

4. Constitution of Court of First Instance
(1) The Court of First Instance shall consist of—
(a) the Chief Judge of the High Court; (Amended 79 of 1995 s. 50)
(b) such judges as the Governor may appoint; (Amended 80 of 1994 s. 3)
(ba) such recorders as the Governor may appoint; and (Added 80 of 1994 s. 3)
(c) such deputy judges as the Chief Justice may appoint. (Added 52 of 1987 s. 4)
(2) A Justice of Appeal may act as a judge of the Court of First Instance whenever the business of the Court of First Instance so requires, in which case he shall have all the jurisdiction, powers and privileges of such a judge. (Amended 21 of 2020 s. 4)
(3) (Repealed 52 of 1987 s. 4)(Amended 25 of 1998 s. 2)

5. Constitution of Court of Appeal
(1) The Court of Appeal shall consist of—
(a) the Chief Judge of the High Court; and
(b) such Justices of Appeal as the Governor may appoint.
(1A) The Chief Judge of the High Court may appoint one or more of the Justices of Appeal as vice-presidents of the Court of Appeal. (Added 52 of 1987 s. 5)
(2) A judge of the Court of First Instance may, on the request of the Chief Justice, act as an additional judge of the Court of Appeal, in which case he shall have all the jurisdiction, powers and privileges of a judge of the Court of Appeal. (Amended 21 of 2020 s. 5)
(3) The Chief Judge of the High Court shall be the president of the Court of Appeal and, in his absence for any cause, the presidency shall be determined in accordance with the order of precedence prescribed in section 7.
(Amended 79 of 1995 s. 50; 25 of 1998 s. 2)

### High Court Ordinance 《高等法院條例》

6. Appointment of judges
(1) A judge of the High Court, other than— (Amended 25 of 1998 s. 2)
(a) a judge appointed under section 8(1) or (2); (Amended 80 of 1994 s. 4)
(aa) a recorder; (Added 80 of 1994 s. 4. Amended 26 of 1997 s. 2)
(b) a deputy judge; and (Amended 49 of 1983 s. 3; 26 of 1997 s. 2)
(c) a judge appointed under section 11A(3)(a), (Added 26 of 1997 s. 2)
shall be appointed by Letters Patent under the Public Seal by the Governor, in accordance with such instructions as the Governor may receive through a Secretary of State.
(2) (Repealed 80 of 1994 s. 4)

6A. Appointment of recorders
(1) The Governor may appoint a person who is eligible to be appointed to be a judge of the High Court under section 9(1) or (1A), to be a recorder of the Court of First Instance for such period as may be specified in the instrument by which the appointment is made. (Amended 1 of 1997 s. 4)
(2) An appointment made under subsection (1) shall be made—
(a) in the case of the first appointment of a person as a recorder, by Letters Patent under the Public Seal;
(b) in the case of a reappointment or subsequent appointment of a person who has previously been appointed, by such other instrument under the hand of the Governor as the Governor thinks fit.
(3) A recorder shall have and may exercise all the jurisdiction, powers and privileges and shall have and perform all the duties of a judge of the Court of First Instance, and any reference in any law to such a judge shall be construed accordingly.
(Added 80 of 1994 s. 5. Amended 25 of 1998 s. 2)

6B. Appointment of judges and recorders may be retrospective
(1) Subject to subsection (2), any appointment made under section 6(1) or 6A(1) may be given effect from a date anterior to that of the Letters Patent by which it is made.
(2) Nothing in subsection (1) shall be deemed to authorize the discharge of any judicial functions by any person so appointed before the date of the Letters Patent or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap. 11) have been fulfilled.
(Added 80 of 1994 s. 5)