The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(808) SMALL CLAIMS TRIBUNALS

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The Small Claims Tribunal deals with monetary claims for amounts not exceeding $75,000-. Certain types of claims are excluded from the Small Claims Tribunal. If you are in doubt as to whether your claim can be brought before the Tribunal, you can seek guidance at the Tribunal Registry.

To start a case, you must first obtain a set of two claim forms from the Tribunal Registry. You should fill in the particulars of the claimant and of the defendant in Form 1. Form 2 is for you to put in the particulars of your claims. The forms can be completed in English or Chinese.

When the duly completed and signed forms are brought back to the Tribunal Registry and the proper fee paid, you will be given a date for the hearing. The service of your claim together with the notice of hearing on the defendant will be carried out by a court bailiff.

Both the claimant and the defendant should come to the Tribunal on the hearing date. When parties fail to settle the claim after having been interviewed by a Tribunal Officer who is instructed by the Adjudicator, the parties will be advised on how to prepare for trial. Remember that the Tribunal Officer cannot give you legal advice.

The hearing in the Small Claims Tribunal may be conducted in English or Chinese. Documents and statements intended to be produced as evidence can also be produced in either language. You cannot be represented by a lawyer at the hearing.

If a party against whom an award is made fails to pay, you can approach the Tribunal Registry and apply for the service of the court bailiff to enforce the award. You have to pay for the service of the bailiff but such expenses can be recovered from the defendant if he has sufficient means.

If a defendant has difficulty in paying the award, he can apply to the Tribunal for time to pay or for payment to be made by installment.

Any party to the proceedings can apply for review of an award or order made within 7 days from the date of the award or order is made.

Appeal is possibly only on questions of law or where it is alleged that the claim was outside the jurisdiction of the Tribunal. Usually an appeal must be made within 7 days after the written award is served on the person ordered to pay it.

Whenever you are in doubt or have difficulty in following the procedure, you can consult the Tribunal Registries staff who will advise and assist you as far as possible.

Date of amendment: 3rd December 2018