SMALL CLAIMS TRIBUNAL (FORMS) RULES
Title
SMALL CLAIMS TRIBUNAL (FORMS) RULES
Description
SMALL CLAIMS TRIBUNAL (FORMS) RULES
(Cap. 338, section 36)
[1 October 1976]
L.N. 77/76 -L.N. 27/78, R. Ed. 1978, L.N. 214/82,14 of 1986, L.N. 254/88
Citation
1. These rules may be cited as the Small Claims Tribunal (Forms) Rules.
Forms
2. The forms contained in the Schedule shall be used in the tribunal with such
variations as the circumstances may require.
SCHEDULE [rule 2]
FORM 1
SMALL CLAIMS TRIBUNAL
ORDINANCE
(Chapter 338)
TITLE TO CLAIM: GENERAL FORM
Claim No. OF 19
Between (a) ..................................... .......
Claimant(s)
and
(b) .........................Defendant(s)
Note: (a) Insert full name and address of each claimant and, in the case of a representative
claim, the name and address of each person represented.
Rmtt
(b) Insert full name and address of each defendant.
FORm 2 [s. 12]
SMALL CLAIms TRIBUNAL
ORDINANCE
(Chapter 338)
FORM OF CLAIM
[title as in Form 1]
To the Defendant.
The claimant claims the amount of
...........................................................................................
particulars of the grounds for which and the manner in which it is calculated are set out as follows:
(a) 1 . The grounds for the claim are:
..
.............................................................................................................
.............
..........................
..........................
(b) 2. The amount of claim is calculated as follows:
................. 1 ..........................................
Dated this ...........day of 19
................ .
.(c) (Signature of Claimant).
Filed this ...........day of 19
............... .
Registrar.
Note: (a) Set out sufficient particulars to inform the defendant of the grounds for the claim.
(b)Set out in full the manner in which the amount of claim is calculated and whether it
includes any interest or expenses.
(c)This claim must be signed by each claimant or person represented before the date of
hearing.
FORm 3 [s. 14]
SMALL CLAIms TRIBUNAL ORDINANCE
(Chapter 338)
NOTICE OF PLACE AND DAY FIXED FOR HEARING
[title as in Form 1]
To the Defendant.
Take Notice that this claim has been made by the claimant against you and will be heard at a
tribunal to be held at
.........................................................................................................................
before ................................Adjudicator,
on the ..day of ..........19 ..at .....*a.m./p.m.
And Take Notice that if you do not attend at the time and place mentioned, either in person
or
by a person authorized by the tribunal to appear on your behalf, the claim may be heard in your
absence and such award or order may be made in your absence as the tribunal thinks fit.
Dated this ............day of 19
..............................
Registrar.
L.S.
(a) This notice and a copy of the claim was served by me on
.....................................by means of
on the ..day of .........19
.........................: ......................
.................................................................
(Signature of recipient of claim(Signature of process server).
and notice if obtained).
Delete whichever is not applicable.
Note: (a)Service shall be effected in accordance with section 14(2) ofthe Small Claims
Tribunal Ordinance.
(L.N. 254/88)
FORm 4
SMALL CLAINTS TRIBUNAL
ORDINANCE
(Chapter 338)
NOTICE OF NEW PLACE AND NEW DAY FIXED FOR HEARING
[title as in Form 1]
To The Defendant.
Take Notice that this claim will be heard at
................................................................................
on the ..day of .........19 ...at ......*a.m./p.m.
and any previous notice of the place and date of hearing is hereby cancelled.
Dated this ............day of ........19
..............
Registrar.
L.S,
(a) This notice was served by me on
.................................................... by means of
.......................................................
on the ......................day of
19
...................
.................................................................
(Signature of recipient of notice (Signature of process server).
if obtained).
Delete whichever is not applicable.
Note: (a)Service shall be efrected in accordance with section 14(2) of the Small Claims
Tribunal Ordinance.
(L.N. 254/88)
FORm 5 [s. 16]
SMALL CLAIms TRiBUNAL ORDINANCE
(Chapter 338)
SUMMONS TO WITNESS
[title as in Form 1]
To (a) .................................
YOU ARE HEREBY SUMMONED to attend at ....................................................................
................. on ............the ......day
of ...........................19 at o'clock, and so from day to day,
until the proceedings are heard, to give evidence in the above claim *and also bring with you and
produce the several documents hereunder specified:
[Here insert list of documents required to be produced.]
In default of your attendance you will be liable for forfeit a fine not exceeding $1,000 if there was
paid or tendered to you at the time of service of this summons a reasonable sum in respect of your
expenses including any loss of salary or wages.
Dated this ............day of 19
...................
Registrar.
L.S.
Sum to be paid or tendered to witness $
.............................................................................................
(b) This summons was served by me on
................................................................................
by means of ...................on the ...day
of ..........19
............
.................................................... .........
......................................... .............
(Signature of recipient of summons(Signature of process server).
if obtained).
Delete if witness not required to produce documents.
Note: (a) Insert name of person to be served.
(b) Service to be effected in accordance with the Small Claims Tribunal (General) Rules.
(L.N. 254/88)
FORm 6 [s. 18]
SMALL CLAIms TRIBUNAL ORDINANCE
(Chapter 338)
FORM OF AWARD/ORDER
[title as in Form 1]
IT IS ADJUDGED that (a) ......obtained
against (b) ........................................ the following
*award/order.
Dated this ............day of 19
..................
Adjudicator.
L.S.
Delete whichever is not applicable.
Note: (a) Insert full name of the party in whose favour the award or order is made.
(b) Insert full name of the party against whom the award or order is made.
For attention of parties:
(i)An application in Form 8C for review of an award or order must be made to the
Adjudicator within 7 days after the date ofthe award or order.
(ii) An application in Form 8D to set aside an award or order must be made to the tribunal
within 7 days after the hearing.
(iii) An application in Form 9 for leave to appeal against an award or order must be lodged
with the Registrar, Supreme Court, within-
(A) 7 days after the date on which the written award or order is served on the aggrieved
party; or
(B) 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.
(L.N. 27/78)
FoRm 7
SMALL CLAIms TRIBUNAL ORDINANCE
(Chapter 338)
APPLICATION FOR REVIEW BY THE COURT OF APPEAL OF
TRIBUNAL'S DECISION TO TRANSFER A CLAIM
[title ay in Form 1]
To The Court of
Appeal.
1, (a) ..........................- - . a party to this
claim,
pursuant to section 27 of the Small Claims Tribunal Ordinance, do hereby make application for a
review ofthe tribunal's decision made on the day of 19
to transfer this claim to the *District Court/High Court.
(b) Dated this ...........day of 19
(Signature of Applicant).
Delete whichever is not applicable.
Note: (a)Insert full name of the party making application.
(b) An application for a review ofthe tribunal's decision to transfer a claim must be
made
within 7 days of the decision.
(L.N. 214/82; 14 of 1986 s.
FORm 8 [s. 27]
SMALL CLAIms TRIBUNAL ORDINANCE
(Chapter 338)
NOTICE OF REVIEW BY THE COURT OF APPEAL ON THE
APPLICATION OF A PARTY
[title as in Form 1]
To All Parties Interested.
An Application has been made by (a)
........................................................................................
a party to this claim, for a review under section 27 of the Small Claims Tribunal Ordinance of the
tribunal's decision made on the .......day of 19 to
transfer this claim to the *District Court/High
Court.
Take Notice that the Court of Appeal will review the decision at
................................................
............................... on the ...day of
.............. 19 .........at *a.m./p.m.
Dated this ............day of 19
Registrar, Supreme Court.
L.S.
(b) This notice was served by me on
by means of ...................on the ....day of
............ 19
...................
.................. ................................................................
(Signature of recipient of notice(Signature of process server).
if obtained).
Delete whichever is not applicable.
Note: (a) Insert full name of the party by whom the application has been made.
(b)Service shall be effected in the manner prescribed under the Small Claims Tribunal
(General) Rules.
(L.N. 214/82; 14 of 1986 s. 12; L.N.
254/88)
FoRm 8A [s. 27A(2)(a)
SMALL CLAIms TRIBUNAL ORDINANCE (2) (a)
(Chapter 338)
NOTICE OF REVIEW BY AN ADJUDICATOR
OF HIS OWN MOTION
[title as in Form lj
To All Parties Interested.
TAKE NOTICE that in exercise ofthe powers conferred by section 27A(1) ofthe Small Claims
Tribunal Ordinance . ..................Adjudicator,
will review the *award/order made on the day of 19
against (a)
....................................................................................................................................
....
*claimant(s)/defendant(s) to this claim.
AND TAKE NOTICE that the review will be heard at
.............................................................
............ on the ....day of .........19
...........it-
at ....*a.m./p.m.
Dated this ...........day of 19
Registrar.
L.S.
(b) This notice was served by me on
........................................................................................
by means of ....................on the ....day
of ..........19
...................
(Signature of recipient of notice (Signature of process server).
if obtained).
Delete whichever is not applicable.
Note: (a) Insert full name and address of party against whom award/order was made.
(a)
(b) Service shall be effected in the manner prescribed under the Small Claims Tribunal
(General) Rules.
(L.N. 27/78; L.N. 254/88)
FORM 8B [s. 27A(2)(b)l
SMALL CLAIms TRIBUNAL ORDINANCE (2) (b)
(Chapter 338)
NOTICE OF REVIEW BY AN ADJUDICATOR ON
THE APPLICATION OF A PARTY
[title as in Form 1]
To All Parties Interested.
An Application has been made by (a) ...............................................................................
a party to this claim, for a review under section 27A of the Small Claims Tribunal Ordinance of
*award/order made on the ...............day of 19
in respect of this claim.
TAKE NOTICE that., .......................................
Adjudicator
will review the *award/order at .......................
on the ..day of .........19 ...at ......*a.m./Pm
Dated this ............day of 19
...............
Registrar.
L.S.
(b) This notice was served by me on ........................................................................................
by means of .....................on the ...day
of ....................... 19
........................ ........ ............. -- ----
.................................................................
(Signature of recipient of notice (Signature of process server).
if obtained).
Delete whichever is not applicable.
Note: (a) Insert full name of the party by whom the application has been made.
(b) Service shall be effected in the manner prescribed under the Small Claims Tribunal
(General) Rules.
(L.N. 27/78; L.N. 254/88)
FORm 8C [s. 27A]
SMALL CLAIMS TRIBUNAL ORDINANCE
(Chapter 338)
APPLICATION FOR REVIEW OF AN *AWARD/ORDER
BY A PARTY
[title as in Form 1]
To .................... Adjudicator.
1, (a) ............................ . a party to this claim which
was heard
* A (a)
and determined before you on the .......day of 19
being dissatisfied with the *award/order made by you in respect of this claim, hereby, pursuant to
section 27A(2)(b) of the Small Claims Tribunal Ordinance, make application to you to review the
*award/order.
(b) Dated this .....day of .............. 19
...................
(Signature of Applicant).
Delete whichever is not applicable.
Note: (a) Insert full name of the party making application.
(b)An application for a review of an award or order must be made within 7 days after the
date of the award or order.
(L.N. 27/78)
FORm 8D [s. 32A]
SMALL CLAIMS TRIBUNAL ORDINANCE
(Chapter 338)
APPLICATION TO SET ASIDE AN *AWARD/ORDER
[title as in Form 1]
To The Tribunal.
1, (a) ....................... a party to this claim, which was heard
and
determined by the tribunal in my absence and an *award/order made on the day
of ........................................19 hereby, pursuant to section 32A of the Small Claims
Tribunal Ordinance, make application to set aside the *awardlorder.
The *reason/reasons for my non-appearance at the hearing *is/are
...........................................
............................................ .
........................................ ..............................
(b) Dated this ..........day of 19
รน Delete whichever is not applicable.
Note: (a) Insert full name of the party making application.
(b) This application must be made to the tribunal within 7 days after the hearing.
(L.N. 27/78)
FORm 8E [s. 32A]
SMALL CLAIMS TRIBUNAL
ORDINANCE
(Chapter 338)
NOTICE OF DAY FIXED FOR HEARING OF AN APPLICATION
TO SET ASIDE AN *AWARD/ORDER
[title as in Form 1]
To All Parties Interested.
An Application has been made by (a) ..............................................................
a party to this claim, to set aside under section 32A of the Small Claims Tribunal Ordinance the
*award/order made in the absence ofthe applicant on the day
of .................19 ..in respect of this claim. The reasons for
the
non-appearance of the applicant
are set out in the Application, a copy of which is annexed hereto.
TAKE NOTICE that the Application will be heard at
on the ..day of .........19 ...at ......*a.m./P.-.
Dated this ............day of ........19
Registrar.
(b) This notice was served by me on ..by means
of ....on the ..........day of .........19
.......................... ......................................
.................................................................
(Signature of recipient of notice (Signature of process server).
if obtained),
Delete whichever is not applicable.
Note: (a) Insert full name of party by whom the application has been made.
51 (a)
(b)Service shall be efrected in the manner prescribed under the Small Claims Tribunal
(General) Rules.
(b)
(L.N. 27/78; L.N.
254/88)
FORM 9 [s. 28]
SMALL CLAIms TRiBUNAL ORDINANCE
(Chapter 338)
APPLICATION FOR LEAVE TO APPEAL ON POINT OF LAW
[title as in Form 1]
To The High Court.
1, (a) ..................................... a party to this claim,
pursuant to section 28 of the Small Claims Tribunal Ordinance do hereby apply for leave to appeal
against the *awardlorder by .................. Adjudicator,
made in respect of this claim on the .... day of 19
The grounds on which 1 desire to appeal are that
*the *award/order is erroneous in point of law in that--(b)
1 .............................................................
2..........................
3.................................................................. .........................................
.................................
4....................................................................................... ....................
.................................
*the *award/order is outside the jurisdiction of the tribunal in that-(c)
1. ..........................................
2................................................... ....................
...........................................................................
3.
...............................................................................................................................
.......
.
4.......................
Dated this .........day of --- 19
Signature of
Applicant).
(d) Lodged this ..............day of 19
.......
Istrar, Supreme Court.
...............................
15
...............................L.S.
59)
Delete whichever is not applicable.
Note: (a) Insert full name of the party making the application for leave to appeal.
(b) Set out the point of law in question.
(c) Set out the reasons.
(d) This application must be lodged with the Registrar, Supreme Court, within-
(i)7 days after the date on which the written award or order is served on the party
making this application; or
(ii) if within that period the 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,
(L.N. 27/78; L.N. 214/82)
FORM 10 [(Gen.) rule 8]
SMALL CLAIMS TRIBUNAL
ORDINANCE
(Chapter 338)
NOTICE OF DAY FIXED FOR HEARING OF AN APPLICATION
FOR LEAVE TO APPEAL
[title as in Form 1]
To (the applicant).
Take Notice that your application dated 19 for leave to
appeal against the *award/order of Adjudicator, made on
the ....................day of 19 in respect of this claim will be
heard
at .................on the ..day of
19 at
Dated this ............day of 19
L.S.
(a)This notice was served by me on
by means of ......on the ....day of
........
......................................................... ...........
(Signature of recipient of notice(Signature of process server).
if obtained).
Delete whichever is not applicable.
Note: (a) Service to be effected in accordance with the Small Claims Tribunal (General) Rules.
(LM. 254188)
FORM 11 [(Gen.) rule 9(1)(c)]
SMALL CLAIMS TRIBUNAL ORDINANCE
(Chapter 338)
NOTICE OF DAY FIXED FOR HEARING OF AN APPEAL
In the High Court
[title as in Form 1]
To All Parties Interested.
Take Notice that leave to appeal against the *award/order of
...................................................
..........................................................
....... Adjudicator, made on the .......day
of .......19 .....in respect of this claim has been granted. The grounds of
appeal are set out in the application for leave to appeal, a copy of which is annexed hereto.
And Take Notice that this appeal will be heard at ...... ....................
.............
on the ..day of ................19 .at
Dated this ............* day of 19-
................. .
Registrar, Supreme Court.
L.S.
(a)This notice was served by me on
01)
by means of .....on the ..day of ................................. 19
................... .................................................................
(Signature of recipient of notice(Signature of process server).
if obtained).
Delete whichever is not applicable.
Note: (a) Service to be effected in accordance with the Small Claims Tribunal (General) Rules.
(L.N. 214/82; L.N. 254/88)
Abstract
Identifier
https://oelawhk.lib.hku.hk/items/show/3281
Edition
1964
Volume
v22
Subsequent Cap No.
338
Number of Pages
18
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SMALL CLAIMS TRIBUNAL (FORMS) RULES,” Historical Laws of Hong Kong Online, accessed November 5, 2024, https://oelawhk.lib.hku.hk/items/show/3281.
