1969-HKRS30-16-29_Part03 — Page 39

8

91

2.

Attestation fee for copies of documents-for each altestation.

$15.00

(il) First Schedule-Part {}

3.

Production fee for producing doods, chargeable upon request therefor.

50.00

Dated the 25th day of April 1970.

Approved by

A. D. SCHOLES,

Chairman.

T. S. Lo. Member.

M. P. K. WONG, Member.

D. Q. CHEUNG, Member.

P. JACOBS, Member.

J. G. WILSON, Member.

Ivo Rigby

Explanatory Note,

Chief Justiat

(This Nate is not part of the rules, but is intended

to Indicate their general purport).

The purpose of these Rules is to prescribe a uniform set of charges in respect of non-contentious business conducted by a solicitor (except non-contentious business which is provided for or regulated by other rules made pursuant to subsection (3) of Section 74 of the Ordinance).

2 (a) Rule 3(1) prescribes three scales of costs in respect of non-

contentious business therein respectively described namely......

(First Schedule-Parr i

This scale is confined to leasehold property transactions.

This scale is confined (inter alia) ta debentures and mortgages (not incorporating leasehold property) and Bills of Sale.

(ii) First Schedule-Part II

This scalo da confined to leases.

(6) Rule 3(2)-Although the scales were carefully drafted and con- sidered to avald duplication, this rule is inserted to avoid am- biguity should any exist. Similar provisions are contained in the Stamp Ordinance, Cap. 117.

(c) Rule 30) prescribes a set of fixed charges for (inter alia) sgrer

ments for sale and purchase, reassignments and deeds of mutual

COVEDROTA..

(d) Rule 3(4)—The aforesaid scales and prescribed charges are in- tended to cover non-contentious business which is completed by a solicitor. This sub-rule is intended to deal with uncampiętęć nob-conlectious business.

(0) Rulz X$)--This sub-rule coables a solicitor, upon prior notice to bis lay client, to elect to charge according to Rule $ notwith- standing the aforesaid scales and prescribed charges.

3. Rule 4 is intended to prescribe a set of fixed charges for copying documents, anesting documents and production of title deeds upon request therefor.

4. Rule The purpose of these Rules is to cover all aspects of charges lo non-contentious businesı Where charges are not prescribed by the Schedules to the Rules or where a Solicitor, under Rule 3(5), bas elected in writing to charge in accordance with the provisions of this Kula, a Solicitor may charge his client costs in non-contentious business in accordance with the provisions contained in sub-paragraphs (ɗ) to (g) of this Rule, Rule 5. Thele provisions are adopted from and incorporate a portion of Schadule II of the United Kingdom Solicitors' Remuneration Orders, 1883 to 1959. It is intended to adopt and incorporate in Rule 5. the remaining portion of the said Schedule II suitably amended to be applicable in Hong Kong when Section 74(3)(a) of the Legal Practitioners Ordinance is amended to enable the Corts Committee to do so.