### Arbitration Ordinance 《仲裁條例》

98R. Process for issuing code of practice
(1) Before issuing a code of practice, the authorized body must—
(a) consult the public about the proposed code of practice; and
(b) publish a notice to inform the public of the proposed code of practice.
(2) In preparing the proposed code of practice for public consultation, the authorized body may consult a person with knowledge or experience of arbitration or third party funding of arbitration.
(3) The notice must state the following information—
(a) the purpose and general effect of the proposed code of practice;
(b) how a copy of the proposed code of practice may be inspected; and
(c) that written submissions by any person about the proposed code of practice may be made to the authorized body before a specified time.
(4) After considering all written submissions made before the specified time, the authorized body may issue the code of practice (with or without revision) by publishing it in the Gazette.
(5) The code of practice comes into operation on the day on which it is published in the Gazette under subsection (4).
(6) The code of practice is not subsidiary legislation.

98S. 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.

98T. Communication of information for third party funding of arbitration
(1) Despite section 18(1), information referred to in that section may be communicated by a party to a person for the purpose of having, or seeking, third party funding of arbitration from the person.
(2) However, the person 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 person; 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 person is obliged by law to make the communication; or
(c) the further communication is made to a professional adviser of the person for the purpose of obtaining advice in connection with the third party funding of arbitration.
(3) If a further communication is made by a person to a professional adviser under subsection (2)(c), subsection (2) applies to the professional adviser as if the professional adviser were the person.
(4) In this section—
communicate (傳達) includes publish or disclose.

### Arbitration Ordinance 《仲裁條例》

98U. Disclosure about third party funding of arbitration
(1) If a funding agreement is made, the funded party must give written notice of—
(a) the fact that a funding agreement has been made; and
(b) the name of the third party funder.
(2) The notice must be given—
(a) for a funding agreement made on or before the commencement of the arbitration—on the commencement of the arbitration; or
(b) for a funding agreement made after the commencement of the arbitration—within 15 days after the funding 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.

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

98W. Non-compliance with Division 5
(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.

98X. 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.
(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 98P.

98Y. Purposes
The purposes of this Part are to—
(a) provide that an ORFS agreement for arbitration is not prohibited by the common law doctrines of maintenance, champerty and barratry;
(b) provide for the validity and enforceability of ORFS agreements for arbitration that meet certain general and specific conditions; and
(c) provide for measures and safeguards in relation to ORFS agreements for arbitration.

### Arbitration Ordinance 《仲裁條例》

98Z. Part 10B not applicable to funding agreements
This Part does not apply to a funding agreement within the meaning of Part 10A.

### Arbitration Ordinance 《仲裁條例》

98ZB. Meaning of ORFS agreement

98ZC. Meaning of conditional fee agreement

98ZD. Meaning of damages-based agreement

98ZE. Meaning of hybrid damages-based agreement

98ZF. Particular common law offences do not apply
The common law offences of maintenance (including the common law offence of champerty) and of being a common barrator do not apply in relation to an ORFS agreement for arbitration.

98ZG. Particular tort does not apply
The tort of maintenance (including the tort of champerty) does not apply in relation to an ORFS agreement for arbitration.

98ZH. Other illegality not affected
Sections 98ZF and 98ZG do not affect any rule of law as to the cases in which a contract is to be treated as contrary to public policy or otherwise illegal.

98ZI. Application of Part 10B for non-Hong Kong arbitration
Despite section 5, this Part applies in relation to an arbitration for which the place of arbitration is outside Hong Kong or there is no place of arbitration as if the place of arbitration were in Hong Kong.

98ZJ. Application of Division 4
This Division applies in relation to an ORFS agreement for arbitration.

98ZK. Validity and enforceability of ORFS agreements for arbitration
(1) An ORFS agreement for arbitration that meets—
(a) all general conditions specified in the rules; and
(b) all specific conditions specified in the rules for the kind of ORFS agreement to which the agreement belongs,
is not void or unenforceable only because of its being an ORFS agreement for arbitration.
(2) In subsection (1)—
rules (規則) means rules made by the advisory body under section 98ZM.

98ZL. ORFS agreement for arbitration void and unenforceable to extent relating to personal injuries claim
(1) Despite section 98ZK, an ORFS agreement for arbitration is void and unenforceable to the extent that it relates to a personal injuries claim.
(2) In this section—
personal injuries (人身傷害) includes any disease and any impairment of a person’s physical or mental condition;
personal injuries claim (人身傷害申索) means a claim brought under the common law for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death.