Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 44A

Costs in transferred cases, etc.

(1) This section applies to an action or proceeding transferred-

   (a)  from the Court of First Instance to the Court;

   (b)  from the Court to the Court of First Instance; or

   (c)  from a tribunal to the Court.

(2) The court or tribunal that orders the transfer may make an order for costs
prior to the transfer and of the transfer of proceedings.

(3) The costs of the whole proceedings both before and after the transfer are
in the discretion of the court to which the proceedings are transferred
subject to any order made by the court or tribunal which ordered the transfer.

(4) The court to which the proceedings are transferred has power to order
costs and order the scales on which the costs of the several parts of the
proceedings are to be taxed. The costs of the whole proceedings are to be
taxed in the court to which the proceedings are transferred.

(5) In an action founded on contract, quasi-contract or tort, for the
proceedings in the Court of First Instance before the transfer, the Court may,
if satisfied that there was sufficient reason for bringing the action in the
Court of First Instance and subject to any order of the Court of First
Instance, allow costs on the Court of First Instance scale.

(6) Where proceedings in which the Court has jurisdiction are brought in the
Court of First Instance, the Court shall order costs on the scale and in the
amount as if the proceedings had been brought in the Court, unless the
proceedings were brought by leave of the Court of First Instance or unless the
Court of First Instance otherwise orders. (Added 28 of 2000 s. 23)