### Court Proceedings (Electronic Technology) Ordinance 《法院程序(電子科技)條例》

28. Interpretation of Subdivision 2
In this Subdivision—
court-related matter (法院相關事宜) means—(a) an act or matter that relates to a proceeding in a court; or
(b) a service, or other matter, made available or provided by a court or court office;

e-fee (電子費用) means a fee that is payable under the e-fee rules in respect of a court-related matter that is carried out by an electronic mode;
e-fee rules (電子費用規則) means rules made under section 29;
electronic mode (電子模式) means—(a) an e-system; or
(b) another electronic means;

external enactment (外在成文法則) means an enactment other than this Ordinance;
external fee (外在費用) means a fee that is payable under an external enactment in respect of a court-related matter;
external fee item (外在費用項目), in relation to an external fee, means the description of the court-related matter in respect of which the external fee is payable.

29. Power to provide for fees for use of electronic mode in court-related matters
(1) The Chief Justice may make rules to provide for fees payable in respect of court-related matters that—
(a) are carried out by an electronic mode; and
(b) are specified in the rules.
(2) Rules made under subsection (1) may provide for fee concessions in respect of particular court-related matters.
(3) Rules made under subsection (1) may, in respect of—
(a) a court-related matter for which an external fee is payable—provide for an e-fee—
(i) by reference to the external fee or the relevant external fee item; or
(ii) by reference to the external fee and by adapting the relevant external fee item to suit an electronic mode;
(b) a court-related matter for which no external fee is payable—specify an e-fee; or
(c) a court-related matter—provide that the fee payable is zero.
(4) Rules made under this section that provide for fee concessions may—
(a) provide that the fee concessions apply only during a period specified in the rules; and
(b) specify different periods for different court-related matters.
(5) Rules made under this section may provide for transitional matters relating to the application of e-fees to court-related matters.

### Court Proceedings (Electronic Technology) Ordinance 《法院程序(電子科技)條例》

30. Restrictions on application of e-fees to court-related matters
The e-fee rules may restrict the application of the e-fees (generally or specifically) to a court-related matter by reference to one or more of the following conditions or matters—
(a) the use of an e-system for carrying out the court-related matter;
(b) the availability of facilities at, or the capacity of, the relevant court or court office to carry out the court-related matter by an electronic mode;
(c) any other factor specified in the e-fee rules that may affect the carrying out of the court-related matter by an electronic mode.

31. Effect of payment of e-fees and of power to provide for e-fees
(1) If an e-fee is provided for in respect of a court-related matter by reference to an external fee or an external fee item (adapted or otherwise), the payment of the e-fee for the court-related matter has the same effect as the payment of the external fee for that court-related matter.
(2) To avoid doubt, nothing in this Subdivision affects—
(a) any power or authority in or under an external enactment to provide for fees payable in respect of a court-related matter; or
(b) the application of an external fee to a court-related matter—
(i) that is not specified under section 29 (whether or not carried out by an electronic mode); or
(ii) to which the application of an e-fee is restricted under section 30.

### Court Proceedings (Electronic Technology) Ordinance 《法院程序(電子科技)條例》

32. Implementation notices
(1) The Chief Justice may provide for the phased implementation of the use of electronic technology in e-Courts and court offices—
(a) by notice published in the Gazette; and
(b) in accordance with this section.
(2) The Chief Justice may, in an implementation notice, specify the date with effect from which electronic technology may be used for a purpose under Part 5 in relation to—
(a) a particular e-Court (whether or not at a particular venue); or
(b) a type or description of proceeding in an e-Court (whether or not at a particular venue) for which the use of an e-system has been authorized by rules made under section 26(2)(b).
(3) The Chief Justice may specify different dates under subsection (2)(b) for proceedings of different types or descriptions or for different venues.
(4) If the Chief Justice has, in an implementation notice, specified a date—
(a) for a type or description of proceeding and the venue for it, with effect from that date, the use of electronic technology is implemented for—
(i) that type or description of proceeding;
(ii) the venue for the proceeding; and
(iii) subject to subsection (5), the relevant court office; or
(b) for a type or description of proceeding (without a reference to a venue), with effect from that date, the use of electronic technology is implemented for—
(i) that type or description of proceeding; and
(ii) subject to subsection (5), the relevant court office.
(5) Without limiting subsection (4)(a) or (b), the Chief Justice may, in an implementation notice, specify a date—
(a) with effect from which the use of electronic technology is implemented for a court office; and
(b) which is different from the date specified for the e-Court concerned.
(6) An implementation notice is not subsidiary legislation.

### Court Proceedings (Electronic Technology) Ordinance 《法院程序(電子科技)條例》

33. Administrative instructions by Judiciary Administrator
(1) The Judiciary Administrator may issue instructions of an administrative nature relating to the use of an e-system.
(2) Without limiting subsection (1), administrative instructions may specify—
(a) for certain purposes relating to a proceeding, matters relating to registration as a user or any other arrangement referred to in section 26(2)(e), including—
(i) persons who are eligible to register;
(ii) how to register; and
(iii) administrative and organizational details relating to the arrangements;
(b) technical matters relating to the use of an e-system, including—
(i) the computer hardware, software and other technical requirements for using an e-system;
(ii) the format and way in which documents are to be sent to the court under section 14; and
(iii) other technical requirements to which those documents must conform; and
(c) matters relating to electronic payments.
(3) The Judiciary Administrator—
(a) must publish any administrative instructions; and
(b) may decide how and where to publish them.

34. Interpretation of Part 9
In this Part—
*commencement date (實施日期) means the date on which Part 5 comes into operation;
existing system (現行系統) means any electronic means other than an e-system;
relevant date (有關日期), in relation to a particular section 8 purpose, means the date specified under section 35(3) for that purpose;
section 8 purpose (第8條用途) means a purpose for which an e-system may be used under section 8;
transitional period (過渡期), in relation to a particular section 8 purpose, means the period beginning on the commencement date and ending on the relevant date.

Editorial Note:
* Commencement date: 1 October 2021.

35. Continued use of existing systems during transitional period
(1) If, immediately before the commencement date, an existing system was used for a section 8 purpose, despite anything in this Ordinance, during the transitional period, the existing system may continue to be used for that purpose.
(2) Anything that is done by means of an existing system during the transitional period pursuant to subsection (1) has the same effect as if it were done by means of an e-system.
(3) In relation to a section 8 purpose, the Chief Justice may, by notice published in the Gazette—
(a) specify a date after which an existing system is not to be used for that purpose; and
(b) under paragraph (a), specify different dates for different purposes.
(4) A notice under subsection (3)—
(a) may include details that relate to discontinuing the use of an existing system for the purpose concerned; and
(b) is not subsidiary legislation.