SMALL CLAIMS TRIBUNAL (SUITOR'S FUNDS) RULES

SMALL CLAIMS TRIBUNAL (SUITOR'S FUNDS) RULES

SMALL TRIBUNAL (SUITORS' FUNDS) RULES

(Cap. 338, section 36)

[27th October, 1978.]

1. These rules may be cited as the Small Claims -Tribunal (Suitors'
Funds) Rules.

2. In these rules, unless the context otherwise requires-

'funds' means money standing in or to be placed to the registraes
account;

'order' means an award or order of the tribunal or, in case of an appeal,
of the Court, and includes any allocation by an adjudicator of the
amount of an award;

44 adjudictor' means an adjudicator appointed under the Ordinance;

diregistrar' means the Registrar of the District Court;

'tribunal' means the Small Claims Tribunal.

3. (1) All funds to be paid into the tribunal shall be paid to the
registrar.

(2) Except where the circumstances otherwise require, the registrar
shall pay any funds paid into the tribunal to an account which may be
interest earning or not (to be called the Small Claims Tribunal Suitors'
Funds Account) at such bank as the Director of Accounting Services
shall direct.

4. (1) The registrar shall give a receipt to any person by whom
funds are paid into the tribunal.

(2) A receipt given under this rule shall be as nearly as may be in
Form 1 in the Schedule hereto and shall contain particulars sufficient to
identify the payment to which it relates and a statement of such of the
following circumstances as may be applicable

(a)paid in on behalf of defendant (name of party) in satisfaction
of claim of the above-named (name of party);

(b) paid in under order dated theday of 19

(c)paid in to security for costs account on behalf of (name of
party).

5. (1) The registrar shall keep appropriate accounts in respect of all
funds paid into the tribunal and of all dealings relating thereto.

(2) No account kept by the registrar under this rule shall be credited
with any sum by way of interest.





6. (1) Funds paid into the tribunal may be paid out by

cheque or in cash as the registrar may direct and, in the case of
payment by cheque, the cheque shall be signed by the registrar and
such other person as the registrar may authorize in writing.

(2) Payment out may be made at the offices of the tribunal on any
Week-day, not being a Saturday or general holiday, between the hours
of 10.00 a.m. and 1.00 p.m. and between the hours of 2.00 p.m. and 4.00
p.m.; and on any Saturday (not being a general holiday) between the
hours of 10.00 a.m. and 12 noon.

7. Where the registrar is satisfied that any person entitled under
rule 6 to payment out of funds has died, the registrar may pay out such
funds (or any portion thereof remaining unpaid at the date of the death
of the deceased) as follows

(a)the registrar may pay out such funds to the legal personal
representatives of the deceased or, if it appears that any such
personal representative had died, to the survivor or survivors
of them;

(b)where it appears to the registrar that the deceased died intestate
having assets not exceeding the value of $5,000 including the
amount of such funds, and if administration has not been
granted in respect of his estate, the registrar may pay out such
funds to the person who (being the spouse, child, father,
mother, brother or sister of the deceased) would have the prior
fight to a grant of administration of the estate, upon a
declaration by such person in Form 2 in the Schedule hereto.

8. The registrar shall, at the end of each financial year or so soon
thereafter as may be practicable, pay into the general revenue of Hong
Kong any interest that has been credited to the Small Claims Tribunal
Suitors' Funds Account.

9. (1) Where any funds paid into the tribunal in respect of
an order remain unclaimed fodr a period of five years after the date
of such order, the Chief Justice may, on application by the registrar
direct that such funds shall be paid into the general revenue of
Hong Kong.

(2) Before giving any direction under paragraph (1), the Chief
Justice may direct that such notice, if any, as he thinks necessary shall
be given in such manner and to such persons as he may so direct.

10. (1) The registrar shall in each year cause to be prepared for the
period of twelve months ending on the 31st March in that years a
statement of the accounts kept by him under rule 5, and such statement
shall

(a)include a receipts and payments account and a statement of
assets and liabilities; and





(b) be signed by the Registrar of the Supreme Court.

(2) All accounts kept by the registrar under rule 5 and the
statement of account prepared under paragraph (1) shall be audited by
the Director of Audit who shall, subject to such report as he thinks fit,
certify the statement.

SCHEDULE

FORM 1 [rule 4(2).]

SMALL CLAm TRIBUNAL (SUrrORs' FuNDs) RuLEs
Receipt
IN THE SMALL CLAIMs TRIBUNAL

(Title of cause or matter. No. of 19
Ledger account

(if the same as the cause, state as above).

Received from the sum of

(Signature)

Registrar.

Dated this day of 19

FORm 2 [rule 7.]
SMALL. CLAIMS TRIBUNAL (SUITORS' FuNDs) RULES
Declaration
IN THE SMALL CLAIms TRIBUNAL

(Title of cause or matter. No. of 19
Ledger account

(if the same as the cause, state as above).

1 (name and address of applicant) solemnly and sincerely declare that
I am the (degree of relationship) and next or one of the next of kin of
(name of deceased) and that 1 am entitled to take out administration to
his estate and to receive the sum of $ directed to be paid
to him by the order dated the .19

And I further declare that the total value of the assets of the deceased
including the above sum does not exceed $5,000, and I certify that the deathbed
and funeral expenses of the deceased have been paid; and 1 make this solemn
declaration conscientiously believing the same to be true and by virtue of the
provisions of the Oaths and Declarations Ordinance, Chapter 11.

Declared at (Signature of applicant)

Before me this day of 19

(Signature)

Justice, notary public,
or other authorized officer.
L.N. 250/78. Citation. Interpretation. Payment into the tribunal. Registrar to give receipt. Schedule, Form 1. Registrar to keep accounts. Payment out of funds in the tribunal. Payment out on death of person entitled. Schedule, Form 2. Transfer of interest to general revenue. Transfer of unclaimed funds to general revenue. Annual statement of accounts and audit.

L.N. 250/78. Citation. Interpretation. Payment into the tribunal. Registrar to give receipt. Schedule, Form 1. Registrar to keep accounts. Payment out of funds in the tribunal. Payment out on death of person entitled. Schedule, Form 2. Transfer of interest to general revenue. Transfer of unclaimed funds to general revenue. Annual statement of accounts and audit.

https://oelawhk.lib.hku.hk/items/show/3282

1964

v22

338

3