### High Court Ordinance 《高等法院條例》

52A. Costs in Court of First Instance and Court of Appeal in its civil jurisdiction
(1) Subject to the provisions of rules of court, the costs of and incidental to all proceedings in the Court of Appeal in its civil jurisdiction and in the Court of First Instance, including the administration of estates and trusts, shall be in the discretion of the Court, and the Court shall have full power to determine by whom and to what extent the costs are to be paid. (Amended 25 of 1998 s. 2)
(2) Without prejudice to the generality of subsection (1), the Court of Appeal or the Court of First Instance 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 of Appeal or the Court of First Instance, as the case may be, is satisfied that it is in the interests of justice to do so. (Replaced 3 of 2008 s. 31)
(3) Nothing in subsection (1) shall alter the practice in any criminal cause or matter, or in bankruptcy.
(4) In any civil proceedings before it, the Court of Appeal or the Court of First Instance 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. 22)
(5) When determining whether or not to make an order under subsection (4), the Court of Appeal or the Court of First instance 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. 22)
(6) In subsection (4), 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. 22)

(7) 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. 22)
(Added 52 of 1987 s. 39)[cf. 1981 c. 54 s. 51 U.K.]

### High Court Ordinance 《高等法院條例》

52B. 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 of First Instance under section 53B of the District Court Ordinance (Cap. 336), the Court of First Instance 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 of First Instance under section 53B of the District Court Ordinance (Cap. 336).
(5) In subsection (3), Court of First Instance (原訟法庭) includes the Registrar and a Master.
(Added 3 of 2008 s. 3)

52C. Transfer of costs-only proceedings to District Court
(1) The Court of First Instance may, either of its own motion or on the application of any party, order the transfer of proceedings commenced under section 52B(2) to the District Court.
(2) An order may be made under this section at any stage of the proceedings.
(Added 3 of 2008 s. 3)

### High Court Ordinance 《高等法院條例》

52D. Scale of costs on which costs awarded under section 52A or 52B are taxed
(1) Where the Court of Appeal or the Court of First Instance has made an award of costs under section 52A(1) or (2) or 52B(3), it may order that those costs be taxed in accordance with—
(a) the First Schedule and the Second Schedule to Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A); or
(b) Schedule 1 and Schedule 2 to Order 62 of the Rules of the District Court (Cap. 336 sub. leg. H).
(2) Where an award of costs under section 52B(3) is made by the Registrar or a Master, the power of the Court of First Instance 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. 3)

53. Assessors
(1) In any civil proceedings, the Court of First Instance may call to its aid one or more 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 of First Instance.
(2)  The Court of First Instance may determine the remuneration, if any, to be paid to an assessor in respect of his services:
Provided that nothing in this subsection shall authorize the payment of remuneration to any person employed full time in any office of emolument under the Crown. 
(Amended 25 of 1998 s. 2)

### High Court Ordinance 《高等法院條例》

55. Rules Committee
(1) The rules of court shall be made by a Rules committee which shall consist of—
(a) the Chief Judge of the High Court, who shall be chairman; (Amended 10 of 2005 s. 8)
(b) 2 judges of the High Court appointed by the Chief Judge of the High Court; (Replaced 52 of 1982 s. 3. Amended 52 of 1987 s. 41; 25 of 1998 s. 2; 10 of 2005 s. 8)
(c) the Registrar or a Master appointed by the Chief Judge of the High Court to represent the Registrar; (Replaced 52 of 1982 s. 3. Amended 52 of 1987 s. 41; 10 of 2005 s. 8)
(d) 2 barristers nominated by the Hong Kong Bar Association;
(e) 2 solicitors nominated by The Law Society of Hong Kong;
(f) the Secretary for Justice or a legal officer appointed by him. (Added 53 of 1980 s. 2. Amended L.N. 362 of 1997)
(1A) The Registrar or such Master as the Chief Judge of the High Court may appoint under subsection (1)(c) shall be the secretary of the Rules Committee. (Added 52 of 1982 s. 3. Amended 52 of 1987 s. 41; 10 of 2005 s. 8)
(2) 5 members of the Rules Committee shall constitute a quorum if both a barrister and a solicitor are present.
(3) (Repealed 52 of 1987 s. 41)