Cap 159G Sched 1 (SOLICITORS (GENERAL) COSTS RULES; LEGAL PRACTITIONERS ORDINANCE)

Contents of Section

Chapter:	159G	Title:	SOLICITORS (GENERAL) COSTS RULES	Gazette Number:	L.N. 307 of 1998
Schedule:	1	Heading:		Version Date:	04/09/1998

[rule 3]

PART I

SCALE OF COSTS APPLICABLE TO BUSINESS TO WHICH THIS PART APPLIES

Consideration		Charge
Exceeding $	Not Exceeding $		$
	100000	..................................................................................	1800
100000	150000	..................................................................................	2450
150000	200000	..................................................................................	3100
200000	250000	..................................................................................	3750
250000	500000	For the first 250000 .....................................................	3750
		thereafter per $10000 or part thereof. ..........................	100
500000	1000000	For the first $500000 ...................................................	6250
		thereafter per $10000 or part thereof. ..........................	75
100000	5000000	For the first $1000000 .................................................	10000
		thereafter per $10000 or part thereof. ..........................	50
5000000	50000000	For the first $5000000 .................................................	30000
		thereafter per $10000 or part thereof. .........................	25
50000000	100000000	For the first $50000000 ...............................................	142500
		thereafter per $10000 or part thereof. ..........................	12.50
100000000		For the first $100000000 ..............................................	205000
		thereafter discretionary

(L.N. 343 of 1983)

1. Save as provided in paragraph 5, the scale of costs set out in this Part shall apply to the following non-contentious business, namely-

(a) assignments (including deeds of exchange) of leasehold property or interests therein;

(b) mortgages and agreements for mortgage of leasehold property or interests therein;

(c) debentures and agreements for debenture of any kind incorporating charge on leasehold property or interests therein; and

(d) further charges incorporating leasehold property or interests therein to the extent of the additional amount secured.

2. (a) In all deeds of exchange of leasehold property the costs shall be based on the value of whichever property or set of properties exchanged has the higher value, as assessed by the Collector of Stamp Revenue, provided that, where properties or sets of properties exchanged are assessed as of equal value, then the costs shall be based on the value of either property or set of properties as so assessed.

(b) For the purpose of ascertaining the costs payable on assignments by a liquidator distributing in specie leasehold property or interests therein to a shareholder, the value, as assessed by the Collector of Stamp Revenue, of the leasehold property or interests therein assigned shall be taken as the consideration for the assignment.

(c) For the purpose of ascertaining the costs payable on mortgages and agreements for mortgage of leasehold property or interests therein for an unspecified amount, the maximum amount to be advanced as advised by the mortgagee on or before the execution of the mortgage or agreement for mortgage shall be taken as the consideration therefor. (L.N. 356 of 1980)

3. In all mortgages, agreements for mortgage, debentures, or agreements for debenture, by way of collateral security incorporating leasehold property or interests therein, the costs shall be-

(a) where the consideration stated in the principal security exceeds $100000.00, one half of the costs set out in this Part on the consideration so stated but nothing in this sub-paragraph shall be construed as to require a solicitor to charge more than $3000.00; and

(b) where the consideration stated in the principal security does not exceed $100000.00, a discretionary amount not exceeding $900.00. (L.N. 343 of 1983)

4. (a) In the case of replacement securities the costs shall be-

(i) where the consideration stated in the original security exceeds $100000.00, one half of the costs set out in this Part on the consideration so stated but nothing in this sub-paragraph shall be construed as to require a solicitor to charge more than $3000.00; and

(ii) where the consideration stated in the original security does not exceed $100000.00, a discretionary amount not exceeding $900.00. (L.N. 343 of 1983)

(b) "Replacement securities" (

替換保證

) means mortgages prepared by solicitors solely to meet the requirements of the Land Registry consequent upon the grant of a new Government lease or conditions of exchange, renewal or regrant where immediately prior to such grant owners of leasehold properties have to clear all encumbrances. (8 of 1993 s. 30; 29 of 1998 s. 105)

5. The scale of costs in this Part shall not apply to the following non-contentious business, which shall be chargeable under rule 5-

(a) a legal mortgage or debenture in corporating leasehold property or interests therein, executed pursuant to an agreement for a mortgage or debenture already charged for under this Part;

(b) the approval of the form of a second or subsequent mortgage or debenture incorporating leasehold property or interests therein on behalf of a mortgagee or debenture holder having priority;

(c) all deeds or agreements for an extension of time for repayment of a mortgage or debenture unless such extension is contained in or is incidental to a further charge;

(d) all deeds and assignments by way of gift;

(e) all assents and assignments by personal representatives or by trustees for which there is no consideration; and

(f) all settlements and deeds of family arrangement.

6. For the approval only of documents in any non-contentious business referred to in any of paragraphs 1 to 4 the costs shall be one half of the costs set out in this Part or where the relevant consideration does not exceed $100000.00, a discretionary amount not exceeding $900.00. (L.N. 151 of 1974; L.N. 343 of 1983)

7. In all assignments, mortgages, agreements for mortgage, debentures, agreements for debenture and further charges incorporating Letter "A" or Letter "B" land exchange entitlements, the costs shall be 80% of the costs set out in this Part. (L.N. 356 of 1980)

8. In all assignments of residential units comprised in the Home Ownership Scheme, the costs shall be 50% of the costs set out in this Part. (L.N. 147 of 1996)

9. In all assignments of residential units comprised in the Private Sector Participation Scheme, the Flat For Sale Scheme or the Sandwich Class Housing Scheme, the costs shall be 60% of the costs set out in this Part. (L.N. 147 of 1996)

PART II

SCALE OF COSTS APPLICABLE TO BUSINESS TO WHICH THIS PART APPLIES

Consideration		Charge
Exceeding	Not Exceeding		$
	100000	..............................................................	1800
100000	150000	..............................................................	2450
150000	200000	..............................................................	3100
200000	250000	..............................................................	3750
250000	500000	For the first $250000 ...............................	3750
		thereafter per $10000 or part thereof. ......	75
500000	1000000	For the first $500000 ..............................	5625
		thereafter per $10000 or part thereof. ......	50
1000000	5000000	For the first $1000000 .............................	8125
		thereafter per $10000 or part thereof. ......	25
5000000	50000000	For the first $5000000 .............................	18125
		thereafter per $10000 or part thereof. ......	12.50
50000000	100000000	For the first $50000000 ...........................	74375
		thereafter per $10000 or part thereof .......	7.50
100000000		For the first $100000000 .......................	111875
		thereafter discretionary

(L.N. 343 of 1983)

1. Save as provided in paragraph 3, the scale of costs set out in this Part shall apply to the following non-contentious business-

(a) debentures and agreements for debenture, of any kind not incorporating a charge on leasehold property or interests therein;

(b) bills of sale by way of security for the payment of money; and

(c) further charges not incorporating leasehold property or interests therein to the extent of the additional amount secured.

2. In all debentures, and agreements for debenture, by way of collateral security not incorporating leasehold property or interests therein the costs shall be-

(a) where the consideration stated in the principal security exceeds $100000.00, one half of the costs set out in this Part on the consideration so stated; and

(b) where the consideration stated in the principal security does not exceed $100000.00, a discretionary amount not exceeding $900.00. (L.N. 151 of 1974; L.N. 356 of 1980; L.N. 343 of 1983)

3. The scale of costs set out in this Part shall not apply to the following non-contentious business, which shall be chargeable under rule 5-

(a) a debenture not incorporating leasehold property or interests therein, executed pursuant to an agreement for a debenture already charged for under this Part;

(b) the approval of the form of a second or subsequent debenture not incorporating leasehold property or interests therein on behalf of a debenture holder having priority;

(c) all deeds or agreements for an extension of time for repayment of a debenture not incorporating leasehold property or interests therein unless such extension is contained in or is incidental to a further charge; and

(d) all debentures, mortgages and agreements affecting or relating to vessels.

4. For the approval only of documents in any non-contentious business referred to in paragraph 1 or 2 the costs shall be one half of the costs set out in this Part or where the relevant consideration does not exceed $100000.00, a discretionary sum not exceeding $900.00. (L.N. 151 of 1974; L.N. 356 of 1980; L.N. 343 of 1983)

PART III

SCALE OF COSTS APPLICABLE TO BUSINESS TO WHICH THIS PART APPLIES

		Charge
1.	Where the average annual rental does not exceed $6000	$800
2.	Where the average annual rental exceeds $6 000 but does not exceed $12000	$1000
3.	Where the average annual rental exceeds $12000	$1000 and 1% of the average annual rental in excess of $12000

(L.N. 343 of 1983)

1. Save as provided in paragraph 5, the scale of costs set out in this Part shall apply to all leases, agreements for lease and tenancy agreements.

2. Where a premium is payable under a lease, agreement for a lease or a tenancy agreement, whether in addition to the rent payable or not, a solicitor shall charge in addition to costs on the scale set out in this Part a further sum, namely-

(a) in the case of a premium not exceeding $100000.00 a sum of $180.00 per $10000.00 or part thereof, and (L.N. 343 of 1983; L.N. 307 of 1998)

(b) in the case of a premium exceeding $100000.00 a sum calculated under Part I as if the premium were the consideration for an assignment. (L.N. 343 of 1983; L.N. 307 of 1998)

3. (a) In all replacement leases the costs shall be one half of the costs set out in this Part, provided that a solicitor shall charge not less than $800.00 in any event. (L.N. 151 of 1974; L.N. 343 of 1983)

(b) "Replacement leases" (

替換租契

) means leases, agreements for lease and tenancy agreements prepared by solicitors solely to meet the requirements of the Land Registry consequent upon the grant of a new Government lease or conditions of exchange, renewal or regrant where immediately prior to such grant owners of leasehold properties have to clear all encumbrances. (8 of 1993 s. 30; 29 of 1998 s. 105)

4. Where an agreement for sale and purchase, lease, agreement for lease, tenancy agreement or any renewal thereof is required to be registered in the Land Registry a solicitor shall in addition to the costs herein set out charge an additional fee of $300.00 in respect of such registration. (L.N. 356 of 1980; L.N. 343 of 1983; 8 of 1993 s. 30)

5. The scale of costs in this Part shall not apply to the following non-contentious business, which shall be chargeable under rule 5-

(a) a renewal of a lease or tenancy agreement by endorsement; and

(b) (Repealed L.N. 343 of 1983)

(c) a lease executed pursuant to an agreement for lease or tenancy agreement already charged for by the solicitor concerned in accordance with this Part.

6. Where the parties to a document in any non-contentious business referred to in paragraph 1, 2 or 3 are separately represented, the solicitor for each party shall charge 75% of the costs set out in this Part and the solicitor attending to the registration of the document in the Land Registry shall charge an additional fee of $300.00 in respect of such registration. (L.N. 343 of 1983; 8 of 1993 s. 30)