SMALL CLAIMS TRIBUNAL ORDINANCE

SMALL CLAIMS TRIBUNAL ORDINANCE

LAWS OF HONG KONG

SMALL CLAIMS TRIBUNAL ORDINANCE

CHAPTER 338





CHAPTER 338

SMALL CLAIMS TRIBUNAL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1..........Short title ....................... ... ... ... ... ... ... ... ... ... 3
2..........Interpretation .................... ... ... ... ... ... ... ... ... ... 3

PART II

CONSTITUTION OF TRIBUNAL

3. Establishment of tribunal...... ... ... ... ... ... ... ... ... ... ... ... 4
4..................Appointment of adjudicators ... ... ... ... ... ... ... ... ... ... 4

4A..........................Appointment and powers of deputy adjudicators ... ... ... ... ... ... 4

PART III

JURISDICTION

5................Jurisdiction of the tribunal ... ... ... ... ... ... ... ... ... ... ... 5
6................Power to amend Schedule ..... ... ... ... ... ... ... ... ... ... ... 5

7..............Transfer of claims ............ ... ... ... ... ... ... ... ... ... 5

8..................Division of causes of action ... ... ... ... ... ... ... ... ... ... 5
9. Abandonment of part claim to give tribunal jurisdiction ... ... ... ... ... 5

10..................Jurisdiction as to counterclaim ... ... ... ... ... ... ... ... ... ... 6
11................Costs in transferred cases ... ... ... ... ... ... ... ... ... ... ... 6

PART IV

COMMENCEMENT OF PROCEEDINGS

12.........Filing claims .................. ... ... ... ... ... ... ... ... ... ... 6
13...........Contents of claim ............... ... ... ... ... ... ... ... ... ... ... 7

14......................Service of claim and notice of hearing ... ... ... ... ... ... ... ... 7

PART V

PROCEDURE

15......................Keeping of summary of evidence, etc. ... ... ... ... ... ... ... ... 8
16................Hearing to be informal ..... ... ... ... ... ... ... ... ... ... ... 8

17. Judgment in default of appearance ... ... ... ... ... ... ... ... ... ... 8





Section...................................... Page

18. Determination of claims ................... ... ... ... ... ... ... ... 8

19. Right of audience ...................... ... ... ... ... ... ... ... ... 9

20. Claims may be heard together .............. ... ... ... ... ... ... ... 9

21. Representative claims .................. ... ... ... ... ... ... ... ... 9

22. Joint defendants ....................... ... ... ... ... ... ... ... ... 10

23. Evidence ............................... ... ... ... ... ... ... ... 10

24. Costs ................................ ... ... ... ... ... ... ... ... 11

25. Frivolous or vexatious claims .......... ... ... ... ... ... ... ... ... 11

26. Adjournments ........................... ... ... ... ... ... ... ... 11

PART VI

REvIEW AND APPEAL

27. Review of decision concerning transfer ..... ... ... ... ... ... ... ... 11

27A. Review of awards and orders ........ .... ... ... ... ... ... ... 12

28. Leave to appeal on point of law .......... ... ... ... ... ... ... ... ... 12
29. Powers of High Court on appeal ... . ... ... ... ... ... ... ... 13
29A. Appeal to the Court of Appeal ........ ... ... ... ... ... ... ... ... 13

29B. Power ofthe Court of Appeal on appeal ... ... ... ... ... ... ... ... 13

30..............Procedure on appeal .......... ... ... ... ... ... ... ... ... ... ... 14
31..............Stay of execution on appeal ... ... ... ... ... ... ... ... 14

PART VII

MISCELLANEOUS

32.....................Enforcement of award of tribunal ... ... ... ... ... ... ... ... ... 14

32A. Setting aside award or order given in absence of party ... ... ... ... ... 14

33..............Interest on awards ........ ... ... ... ... ... ... ... ... ... ... 14
34..............Payment of award .......... ... ... ... ... ... ... ... ... ... ... 15

35......................Penalty for neglect of witness summons ... .... ... ... ... ... ... ... 15
36. Chief Justice may make rules 15

37. Procedure generally ... ... ... ... ... ... ... ... ... ... ... ... ... 16
38. Application to Crown ... ... ... ... ... ... ... ... ... ... ... ... ... 16

Schedule Jurisdiction ofTribunal ... ... ... ... ... ... ... ... ... ... ... ... 16





CHAPTER 338

SMALL CLAIMS TRIBUNAL

To establish a tribunal to be known as the Small Claims Tribunal
having limited civil jurisdiction, and to make provision for the
jurisdiction, procedure and practice thereof, and for matters
connected therewith.

[1 October 1976.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Small Claims Tribunal

Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'adjudicator' means an adjudicator appointed under section 4 or a
deputy adjudicator; (Amended, 14 of 1986, s. 2)

'claim' means a proceeding in the tribunal between a claimant and a
defendant;

'claimant' means a person bringing a claim other than(a) a
defendant entering a counterclaim; and

(b) a person who is being represented in a representative claim;
'defendant' means a person against whom a claim is made by a
claimant other than

(a)a claimant against whom relief is sought by way of
counterclaim; and

(b) a person who is being represented in a representative claim;
'deputy adjudicator' means a deputy adjudicator appointed under
section 4A; (Added, 14 of 1986, s. 2)

'party' means a claimant or defendant and any person joined as a third
party;

'registrar' means the Registrar of the District Court;

'representative claim' means a claim brought in the name of one
claimant on behalf of himself and one or more other claimants;

'tribunaF' means the Small Claims Tribunal established by section 3.





PART II

CONSTITUTION OF TRIBUNAL

3. (1) There is hereby established a tribunal to be known as the
Small Claims Tribunal and to be known in the Chinese language as

(2) The tribunal, which shall consist of such adjudicators as may
be appointed under section 4, shall be a court of record with such
jurisdiction and powers as are conferred on it by this or any other
Ordinance.

(3) All proceedings in the tribunal shall be heard and determined
by an adjudicator sitting alone.

(4) The tribunal shall have a seal of a design approved by the
Chief Justice, and all awards, orders, summonses, and other processes
of the tribunal shall be sealed therewith.

4. (1) The Governor shall appoint such number of adjudicators as
he considers necessary.

(2) No person shall be appointed to be an adjudicator unless he is
qualified to practise as a barrister, solicitor or advocate in a court in
Hong Kong, England, Scotland, Northern Ireland, or some other part of
the Commonwealth, or the Republic of Ireland, having unlimited
jurisdiction either in civil or criminal matters.

(3) An adjudicator shall be known in the Chinese language as

(4) Subject to subsection (5), an appointment made under
subsection (1) may be given retrospective effect.

(5) No person appointed as an adjudicator shall discharge any
judicial function before the date of the instrument by which he is
appointed or before the requirements of section 17 of the Oaths and
Declarations Ordinance have been fulfilled.

4A. (1) If the Chief Justice considers it desirable so to do, he may
appoint a person who is qualified under section 4(2), to be a deputy
adjudicator for such period as the Chief Justice may think fit.

(2) A deputy adjudicator shall, during the period for which he is
appointed, have all the jurisdiction, powers and privileges, and perform
all the duties of the office of adjudicator.

(3) Where the hearing of any proceedings duly commenced before
a deputy adjudicator is adjourned or where judgment is reserved therein
or is subject to review, the deputy adjudicator shall have power to
resume the hearing and determine the proceedings or to deliver as the
judgment of the tribunal the judgment which he has reserved or to
review the judgment or decision which he has given if such review is
otherwise authorized, as the case may be notwithstanding that before
the hearing is resumed or judgment is delivered





or the review is disposed of, his appointment has expired or has been
terminated.

(Added, 14 of 1986, s. 3)

PART III

JURISDICTION

5. (1) The tribunal shall have jurisdiction to hear and determine the
claims specified in the Schedule.

(2) Save as provided in this Ordinance, no claim within the
jurisdiction of the tribunal shall be actionable in any other court in
Hong Kong.

(3) A claim within the jurisdiction of the tribunal may be brought
in another court if there is included in such claim a claim for some other
relief, redress or remedy, other than a claim for costs.

(4) Subject to the Limitation Ordinance, the jurisdiction ofthe
tribunal shall extend to a claim which arose before the commencement
of this Ordinance.

6. The Legislative Council may, by resolution, amend the
Schedule.

7. The tribunal may at any stage of proceedings in the tribunal,
either of its own motion or upon the application of any party, transfer
the proceedings to the District Court or the High Court, whereupon the
practice and procedure of the District Court or the High Court, as the
case may be, shall apply.

(Amended, 92 of 1975, s. 59)

8. No claim shall be split or divided and pursued in separate
proceedings in the tribunal for the sole purpose of bringing the sum
claimed in each of such proceedings within the jurisdiction of the
tribunal.


9. (1) Where a claimant has a claim for more than $8,000

which, if it were not for more than $8,000, would be within the
jurisdiction of the tribunal, the claimant may abandon the excess,
and thereupon the tribunal shall have jurisdiction to hear and
determine the claim, so, however, that-the claimant shall not re-
cover in the claim an amount exceeding $8,000 (Amended, 79 of
1981, s. 2 and 14 of 1986, s. 4)

(2) Where the tribunal has jurisdiction to hear and determine a
claim by virtue of this section, the award of the tribunal on the claim
shall be in full discharge of all demands in respect of the claim, and

judgment shall be deemed to be entered accordingly.





10. (1) Where any counterclaim or set-off and counterclaim in
proceedings in the tribunal is a monetary claim which is not within the
jurisdiction of the tribunal, the tribunal shall order that the proceedings
on the counterclaim or set-off and counterclaim be transferred to the
District Court or the High Court. (Amended, 92 of 1975, s. 59)

(2) Where an order is made under subsection (1) and judgment on
the claim is given for the claimant, execution thereon shall, unless the
tribunal otherwise orders, be stayed until the proceedings transferred
to the District Court or the High Court have been determined. (Amended,
92 of 1975, s. 59)

(3) Where a defendant has a counterclaim or set-off and
counterclaim for more than $8,000 which, i fit were not for more
than $8,000 would be within the jurisdiction of the tribunal, the
defendant may abandon the excess and thereupon the tribunal shall
have jurisdiction to hear and determine the counterclaim or set-off and
counterclaim, so, however, that the defendant shall not recover in the
counterclaim or set-off and counterclaim an amount exceeding $8,000
(Amended, 79 of 1981, s. 2 and 14 of 1986, s. 5)

(4) Where a tribunal has jurisdiction to hear and determine a
counterclaim or set-off and counterclaim by virtue of this section, the
award of the tribunal on the counterclaim or set-off and counterclaim
shall be in full discharge of all demands in respect thereof, and
judgment shall be deemed to be entered accordingly.

11. Where any proceedings on a claim or counterclaim or set-off
and counterclaim are transferred under section 7 or section 10 from the
tribunal to the District Court or the High Court, the costs of the
proceedings both before and after the transfer shall, subject to any
order of the tribunal, be in the discretion of the court to which the
proceedings are transferred, and that court may make orders with
respect thereto and as to the scales on which the costs of the
proceedings are to be taxed; and the costs of the whole proceedings
shall be taxed in that court.

(Amended, 92 of 1975, s. 59)

PART IV

COMMENCEMENT OF
PROCEEDINGS

12. (1) A proceeding in the tribunal shall be commenced by filing a
claim with the registrar.

(2) Subject to subsection (3), a claim shall be in writing in the
prescribed form, in either the English or Chinese language, and shall be
signed by or on behalf of the claimant. (Amended, 14 of 1986, s. 6)





(3) The registrar may permit a claim to be made orally and
shall cause it to be reduced to writing and shall supply a copy thereof
to the claimant and, if the registrar thinks it appropriate, a transla-
tion thereof if it is reduced to writing in the English language.

(4) In any joint or representative claim-

(a)the registrar may permit the claim to be filed notwith-
standing that it has not been signed by all the claimants or
persons represented on condition that all the claimants or
such persons shall do so before the date of hearing; and

(b)the name of a claimant or person represented who has not
so signed the claim before the hearing may, if the tribunal
so directs, be deleted from the claim and the amount of the
claim reduced accordingly.

13. A claim shall contain-

(a)the name and address of each claimant, and, in the case of
a representative claim, the name and address of each
person represented;

(b) the name and address of each defendant;

(c)the sum of money claimed by each claimant or person
represented;

(d)such particulars of the claim as are reasonably sufficient to
inform the defendant of the ground for the claim and the
manner in which the amount claimed by each claimant or
person represented has been calculated.

14. (1) The registrar shall, when a claim has been filed-

(a)fix a place and date for hearing the claim which shall
not be later than 60 days after the filing of the claim; and
(Amended, 14 of 1986, s. 7)

(b)cause a copy of the written claim and a notice in the
prescribed form of the date and place of hearing to be
served on every defendant in the manner specified in
subsection (2).

(2) Service of a copy of the written claim and the notice of
hearing-

(a)shall be carried out by such person as may be appointed by
the registrar for the purpose; and

(b) shall be effected-
(i) by delivering them personally to the defendant;
(ii) by leaving them with some person for him at his last
known place of residence or business; (Replaced, 49 of
1979, s. 2)





(iia) by posting them by registered post addressed to him
at his last known place of residence or business; or (Added,
49 of 1979, s. 2)

(iii) in such other manner as may be directed by the
registrar.

PART V

PROCEDURE

15. The adjudicator shall keep a summary of the evidence,
submissions or statements made or given in proceedings in the tribunal
and of any point of law and of his decision thereon.

16. (1) The hearing of proceedings in the tribunal shall be
conducted in an informal manner.

(2) The tribunal may summon any witness and require the
production of any document, record, book of account or other thing,
which is relevant in any proceedings.

(3) The tribunal shall inquire into any matter which it may consider
relevant to a claim, whether or not it has been raised by a party.

17. (1) If a defendant fails to appear at the hearing, by himself or a
person authorized by the tribunal to appear on his behalf, the claimant
may apply for judgment.

(2) An application for entry of judgment under subsection (1) may
be supported by an affidavit verifying facts relied on.

(3) Upon application made under subsection (1), the tribunal shall,
if it is satisfied that the claimant is entitled to judgment, order judgment
to be entered.

(4) Judgment shall not be entered against a defendant under this
section unless the tribunal is satisfied that a copy of the written claim
and the notice of hearing have been served on the defendant under
section 14(2).

(Replaced, 49 of 1979, s. 3)

18. (1) The tribunal shall determine a claim and make such award or
order thereon as it thinks fit as soon as possible after the conclusion of
the hearing of the claim.

(2) The reasons for an award or order may be given orally or in
writing as the tribunal thinks fit.

(3) An adjudicator shall, when he has made an award or order
orally, reduce it to writing as soon as possible, and in any case not later
than 14 days after the date of the award or order.





(4) Every written award or order shall be served by the
registrar on the parties, and it shall not be necessary for the party in
whose favour an award or order has been made to prove that it
reached the party to be served.

(5) Service of an award or order under subsection (4) shall be
effected-

(a) by delivering it personally to the party to be served;

(b)by leaving it with some person for him at his last known
place of residence or at his place of business; or

(c) in such other manner as the registrar thinks fit.

19. (1) The following persons shall have a right of audience
before the tribunal-

(a) any party;
(b)an officer or servant of a corporation, if the corporation is
a party;

(c)a member of a partnership, if the persons comprising the
partnership are parties;

(d)with the leave of the tribunal, any person, other than
counsel or a solicitor, who is authorized in writing by a
party to appear as his representative.

(2) No barrister or solicitor, including a barrister or solicitor
who is a public officer whether or not qualified to practise in a court
in Hong Kong, shall have a right of audience before the tribunal
unless he is acting on his own behalf as a claimant or defendant.

20. (1) If 2 or more claims are filed and it appears to the
tribunal that-

(a)a common question of law or fact arises in both or all of
them;

(b) the claims arise out of the same cause of action; or

(c) it would be in the interests of justice,

the tribunal may order that such claims be heard at the same time.

(2) The power conferred by this section may be exercised
notwithstanding that the hearing of 1 or more of the claims has
begun.

21. (1) Subject to subsection (2), if 2 or more persons have
claims against the same defendant, such claims may be brought in
the name of 1 of such persons as the representative of some or all
of them.

(2) The tribunal may, if at any stage of the proceedings it
considers that a representative claim may prejudice the defendant,
order that the claims of all or any of the persons represented shall be
heard separately.





(3) Each person represented in a representative claim shall be
deemed to have authorized the representative on his behalf to

(a)call and give evidence and make submissions to the tribunal
on any matter arising during the hearing of the claim;

(b) file affidavits, statements or other documents;

(c) agree to an adjournment or change of venue;

(d)agree to a settlement of the claim on such terms as he thinks
fit;

(e) amend or abandon the claim; and

act generally in as full and free a manner as such claimant
may act on his own behalf.

(4) The authority deemed to be given to a representative by
subsection (3) shall not be withdrawn save by leave of the tribunal.

(5) The tribunal may, at any time before determining any claim,
grant leave to any person to join in the claim as a person represented
on such terms as it may think fit.

(6) The t.ribunal may cause public notice to be given, in such
manner as it may think fit, of the particulars of a representative claim
which has been filed and of the date and place fixed for the hearing of
the claim.

22. (1) If 2 or more persons are defendants in proceedings in the
tribunal, as partners or otherwise, the claim may be heard and
determined in relation to any of such defendants who have been duly
served with a written claim notwithstanding that other defendants have
not been so served or are not within the jurisdiction of the tribunal.

(2) If an award is made against a defendant under subsection (1)
and is satisfied by him, he shall be entitled to claim in proceedings in
the tribunal contribution from any other person jointly liable with him.

(3) An award against a defendant in respect of a liability jointly
with another person shall not discharge such other person from his
liability.

(4) A person against whom a claim is made in respect of a liability
jointly with any other person may set up any defence or counterclaim
which he would have been entitled to set up if all the persons jointly
liable with him were defendants.

(5) If 2 or more persons are joined as defendants, the claimant may
obtain an award against any 1 or more of the defendants and may
enforce the award without prejudice to his right to proceed with the
claim against any other defendant.

23. (1) The tribunal may at any time during the hearing of a claim
allow a witness or a party to give evidence on oath or unsworn.





(2) The rules of evidence shall not apply to proceedings in the
tribunal, which may receive any evidence which it considers relevant.
(Replaced, 14 of 1986, s. 8)

24. (1) Subject to subsection (2), the tribunal may award to a party
costs and expenses, which may include

(a)any reasonable expenses necessarily incurred and any loss of
salary or wages suffered by that party; and

(b)any reasonable sum paid to a witness for expenses
necessarily incurred and any loss of salary or wages suffered
by him,

in attending the hearing.

(2) In making an award of costs under this section, the tribunal
shall include a direction as to the amount to be paid by each party who
is liable to pay costs.

(3) An award of costs shall be enforceable in the same manner as
any other award of the tribunal.

25. The tribunal may at any time dismiss a claim which it considers
to be frivolous or vexatious on such terms as to payment of costs as it
may think fit.

26. The tribunal may at any time, either of its own motion or on the
application of any party, adjourn the hearing of proceedings on a claim
on such terms as it thinks fit.

PART VI

REVIEW AND APPEAL

(Amended, 67 of 1977, s. 2)

27. (1) Where the tribunal has under section 7 transferred a claim
to the District Court or the High Court, the Court of Appeal may, within
14 days from the date on which the tribunal transferred the claim,
review the tribunal's decision and on such review it may- (Amended, 92
of 1975, s. 59)

(a)confirm the-decision of the tribunal or remit the claim to the
tribunal; and

(b) make such order as to costs and expenses as it thinks fit.

(2) The power conferred by subsection (1) may be exercised, on
the application of a party, within 7 days of the date on which the
tribunal transferred the claim, on notice in the prescribed form to all
other parties.





27A. (1) Except where a party has filed an application for leave to
appeal and does not agree to withdraw the application, an adjudicator
may, within 14 days from the date of an award or order given or made
by him, review the award or order and on such review may re-open and
re-hear the claim wholly or in part and may call or hear fresh evidence
and may confirm, vary or reverse his previous award or order.

(2) The power conferred by subsection (1) may be exercised-

(a)by an adjudicator of his own motion, by notice in the
prescribed form to all parties;

(b)on the application of a party within 7 days, by notice in the
prescribed form to all other parties.

(3) The exercise of the power conferred by subsection (1) shall not
operate as a bar to an appeal by a party against the award or order or
against the determination of the review.

(4) On the application of a party for a review under this section, the
adjudicator, having regard to the possibility of assets which may be
available to satisfy an award being disposed of to the prejudice of any
party, may make such order regarding payment into the tribunal, giving
of security or otherwise as he may think fit.

(5) An adjudicator may transfer the hearing and consideration of a
review to another adjudicator who shall have all the powers and
functions he would have if he had originally heard the claim and had
prepared the record of proceedings.

(Added, 67 of 1977, s. 3)

28. (1) Any party who is aggrieved by a decision of the tribunal

(a) on any ground involving a question of law alone; or

(b)on the ground that the claim was outside the jurisdiction of the
tribunal,

may apply to the High Court for leave to appeal and the High Court may
grant such leave if it thinks fit. (Amended, 67 of 1977, s. 4 and 79 of
1981, s. 10)

(2) An application for leave to appeal under this section shall be

(a) in the prescribed form, specifying the ground of the appeal
and the reasons in support of such ground; and

(b) lodged with the Registrar of the Supreme Court within-

(i) 7 days after the date on which the written award or order
is served on the aggrieved party; or

(ii) if within that period the aggrieved party applies to the
tribunal for the reasons for the award or order, 7 days after
the date on which the reasons are served on him;

or(Amended, 67 of 1977, s. 4)





(iii) such time as may be extended by the Registrar of the
Supreme Court on good cause. (Added, 72 of 1982, s. 2)

(3) A refusal by the High Court to grant leave to appeal shall be
final. (Amended, 79 of 1981, s. 10)

(4) Nothing in this section shall affect any right of appeal under
section 50 of the Supreme Court Ordinance.

(Amended, 92 of 1975, ss. 58 and 59)

29. (1) On an appeal under section 28, the High Court may-
(Amended, 79 of l981, S. 10)

(a) allow the appeal;

(b) dismiss the appeal; or

(c)remit the matter to the tribunal with such directions as it thinks
fit, which may include a direction to the tribunal for a new
hearing.

(2) On an appeal under section 28 the High Court may-
',(Amended, 79 of 1981, s. 10)

(a) draw any inference of fact; and

(b) make such order as to costs and expenses as it thinks fit,

but may not-

(i)reverse or vary any determination made by the tribunal on
questions of fact; or

(ii) receive further evidence.

(3) Subject to section 29A, the decision of the High Court shall be
final. (Added, 79 of 1981, s. 10)

(Amended, 92 of 1975, 's. 59)

29A. (1) Any party who is aggrieved by a decision of the High
Court under section 28 may, within 7 days after the date of the decisA,
apply to the Court of Appeal for leave to appeal and, if the Court of
Appeal considers that a question of law of general public importance is
involved, it may grant leave.

(2) An application for leave to appeal under this section shall be

(a) in the prescribed form, setting out the question of law; and

(b) lodged with the Registrar of the Supreme Court.

(3) A refusal by the Court of Appeal to grant leave to appeal shall
be final.

(Added, 79 of 1981, s. 10)

29B. On an appeal under section 29A, the Court of Appeal may





(a) allow the appeal;

(b) dismiss the appeal; or

(c)remit the matter to the tribunal with such directions as it
thinks fit, which may include a direction to the tribunal for
a new hearing,

and may make such order as to costs as it thinks fit.
(Added, 79 of 1981, s. 10)

30. Subject to this Part, an appeal from the tribunal shall be
brought in such manner and shall be subject to such conditions as
may be prescribed.

31. The filing of an application for leave to appeal under
section 28 or section 29A shall not operate as a stay of execution of
an award or order unless the tribunal, the High Court or Court of
Appeal, as the case may be, otherwise orders and any stay of
execution may be subject to such conditions as to costs, payment
into the tribunal, the giving of security or otherwise as the tribunal,
the High Court or Court of Appeal thinks fit.
(Amended, 92 of 1975, s. 59 and 79 of 1981, s. 10)

PART VII

MISCELLANEOUS

32. An award of the tribunal may be enforced in the District
Court in the same manner as a judgment of that court.
. (Amended, 14 of 1986, s. 9)

32A. (1) Any award or order of the tribunal obtained where
one party did not appear at the hearing may be set aside by the
tribunal, on the application of that party, on such terms as it thinks
just.

(2) An application under subsection (1) shall be made within 7
days after the hearing or such further period as the tribunal may
allow. (Amended, 49 of 1979, s. 4)
(Added, 67 of 1977, s. 5)

33. (1) The tribunal may include in the amount of an award
interest at the rate specified in subsection (4) on the whole or any
part of the sum claimed for the whole or any part of the period
between the date when the cause of action arose and the date of the
award. (Amended, 14 of 1986, s. 10)

(2) The powers conferred by subsection (1) may be exercised-

(a) whether or not interest is expressly claimed;
(b)at any time after the date of the award if it appears to the
tribunal that the failure to claim or to award interest was
through inadvertence; and





(c)where an award is made against the defendant in his absence.

(3) An award shall carry interest at the rate specified in subsection
(4) on the aggregate amount thereof, or on such part thereof as for the
time being remains unsatisfied, from the date of the award until
satisfaction. (Added, 14 of 1986, s. 10)

(4) The rate of interest specified for the purposes of subsections
(1) and (3) shall be the rate fixed by the Chief Justice by notice in the
Gazette under section 50 of the District Court Ordinance. (Added, 14 of
1986, s. 10)

34. (1) In a joint or representative claim the amount of an award
shall be paid into the tribunal and there shall be allocated to the parties
to the claim the sum of money claimed by each claimant or person
represented.

(2) When money is paid into the tribunal by a defendant, in full or
part discharge of an award made against him in a joint or representative
claim, the defendant shall be deemed to have satisfied his liability
under the award to the extent of the amount so paid and shall not be
liable to any claimant as to the manner in which such money is
allocated by the tribunal.

35. (1) Any person on whom a summons under section 16 has
been served who

(a)refuses or neglects, without sufficient cause, to appear or
produce any documents required by the summons to be
produced; or

(b) refuses to be sworn or give evidence,

shall forfeit such fine not exceeding $1,000 as the adjudicator may
direct.

(2) A person to whom subsection (1) applies shall not forfeit a fine
under that subsection unless there has been paid or tendered to him at
the time of service of the summons a reasonable sum in respect of his
expenses including any loss of salary or wages.

(3) Any person present before the tribunal who is required to give
evidence but refuses to be sworn or to give evidence shall forfeit a fine
in accordance with subsection (1).

(4) An adjudicator may, in his discretion, direct that the whole or
any part of any such fine shall, after deducting the costs, be applied
towards indemnifying the party injured by the refusal or neglect but
without prejudice to the right of the party so injured to institute civil
proceedings in respect of the injury.

36. The Chief Justice may make rules-

(a) regulating the procedure for-

(i) applying for leave to appeal, and the hearing of such
applications, under sections 28 and 29A;

(ii) the hearing of appeals under sections 29 and 29B;

(Amended, 79 of 1981, s. 10)





(b)regulating the transfer of proceedings to the District Court or
the High Court; (Amended, 92 of 1975, s. 59)

(c)providing for matters of procedure which are not provided for
in this Ordinance;

(d) prescribing anything which is to be or may be prescribed;

(e)prescribing the fees and costs applicable to proceedings in
the tribunal;

generally for the better carrying out of the provisions of this
Ordinance.

37. Where no provision is made by this Ordinance or rules made
under section 36, the practice and procedure in the tribunal shall be
such as the tribunal may determine, either generally or in any particular
proceeding.

38. This Ordinance binds the Crown.

SCHEDULE [s. 5.]

JURISDICTION OF TRIBUNAL

1. Any monetary claim founded in contract, quasi-contract or tort where the
amount claimed is not more than $8,000 whether on balance of account or
otherwise: (Amended, L.N. 81/82 and 14 of 1986, s. 11)

Provided that the tribunal shall not have jurisdiction to hear and determine

(a) any action in respect of-

(i) defamation;

(ii) [Deleted, 40 of 1986, s. 61;

(iii) [Deleted, 40 of 1986, s. 61;

(b)any action or proceeding in respect of a maintenance agreement within
the meaning of section 14 of the Matrimonial Proceedings and Property
Ordinance;

(c)any action by a money lender licensed under the Money Lenders
Ordinance for the recovery of any money lent, or the enforcerii~n-t -of-
any agreement or security made or taken in respect of money lent;

(d)any action that lies within the jurisdiction of---theLabour Tribunal
established under the Labour Tribunal Ordinance.--

2. Any claim for the recovery ofany penalty, expenses, contribution or other
amount which is recoverable by virtue of any enactment and for the recovery of
any amount which is declared by any enactment to be recoverable as a civil debt if

(a)it is not expressly provided by that or any other enactment that the
demand shall be recoverable only in some other court; and

(b) the amount claimed does not exceed $8,000 (Amended, L.N. 81/82 and
14

of 1986, s. 11)

For the purposes of this paragraph, 'penalty' shall not include a fine imposed on
the conviction of any person for an offence.
Originally 79 of 1975. 92 of 1975. 67 of 1977. 49 of 1979. 79 of 1981. L.N. 81/82. 72 of 1982. 14 of 1986. L.N. 239/76. Short title. Interpretation. Establishment of tribunal. Appointment of adjudicators. (Cap. 11.) Appointment and powers of deputy adjudicators. Jurisdiction of the tribunal. Schedule. (Cap. 347.) Power to amend Schedule. Transfer of claims. Division of causes of action. Abandonment of part claim to give tribunal jurisdiction. 1959 c. 22, s. 41. Jurisdiction as to counterclaim. Costs in transferred cases. Filing claims. Contents of claim. Service of claim and notice of hearing. Keeping of summary of evidence, etc. Hearing to be informal. Judgment in default of appearance. Determination of claims. right of audience. Claims may be heard together. Representative claims. Joint defendants. Evidence. Costs. Frivolous or vexations claims. Adjournments. Review of decision concerning transfer. Review of awards and orders. Leave to appeal on point of law. (Cap. 4.) Powers of High Court on appeal. Appeal to the Court of appeal. Power of the Court of Appeal on appeal. Procedure on appeal. Stay of execution on appeal. Enforcement of award of tribunal. Setting aside award or order given in absence of party. Interest on awards. (Cap. 336.) Payment of award. Penalty for neglect of witness summons. 1959 c. 22, s. 84. Chief Justice may make rules. Procedure generally. Application to Crown. (Cap. 192.) (Cap. 163.) (Cap. 25.)

Originally 79 of 1975. 92 of 1975. 67 of 1977. 49 of 1979. 79 of 1981. L.N. 81/82. 72 of 1982. 14 of 1986. L.N. 239/76. Short title. Interpretation. Establishment of tribunal. Appointment of adjudicators. (Cap. 11.) Appointment and powers of deputy adjudicators. Jurisdiction of the tribunal. Schedule. (Cap. 347.) Power to amend Schedule. Transfer of claims. Division of causes of action. Abandonment of part claim to give tribunal jurisdiction. 1959 c. 22, s. 41. Jurisdiction as to counterclaim. Costs in transferred cases. Filing claims. Contents of claim. Service of claim and notice of hearing. Keeping of summary of evidence, etc. Hearing to be informal. Judgment in default of appearance. Determination of claims. right of audience. Claims may be heard together. Representative claims. Joint defendants. Evidence. Costs. Frivolous or vexations claims. Adjournments. Review of decision concerning transfer. Review of awards and orders. Leave to appeal on point of law. (Cap. 4.) Powers of High Court on appeal. Appeal to the Court of appeal. Power of the Court of Appeal on appeal. Procedure on appeal. Stay of execution on appeal. Enforcement of award of tribunal. Setting aside award or order given in absence of party. Interest on awards. (Cap. 336.) Payment of award. Penalty for neglect of witness summons. 1959 c. 22, s. 84. Chief Justice may make rules. Procedure generally. Application to Crown. (Cap. 192.) (Cap. 163.) (Cap. 25.)

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