CAP. 338]

Small Claims Tribunal

[1986 Ed.

Procedure generally,

Application to Crown.

(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;

(f) 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.

49/5952

(Cap. 192.)

(Cap. 163.)

(Cap. 25.)

$

SCHEDULE

JURISDICTION OF TRIBUNAL

(s. 5.)

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. 6];

(iii) [Deleted, 40 of 1986, s. 6];

(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 enforcement of any agreement or security made or taken in respect of money lent;

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

2. Any claim for the recovery of any 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)

15,000

For the purposes of this paragraph, "penalty" shall not include a fine imposed on the conviction of any person for an offence.

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