FRIDAY, OCTOBER 10, 1975
SMALL CLAIMS TRIBUNAL BILL PUBLISHED
* * * *
A BILL TO ESTABLISH A SMALL CLAIMS TRIBUNAL TO HEAR MONETARY CLAIMS OF NOT MORE THAN $3,000 WILL SHORTLY DE INTRODUCED INTO THE LEGISLATIVE COUNCIL.
THE NEW ARBITRATION BODY, TO BE SET UP UNDER THE SMALL CLAIMS TRIBUNAL BILL 1975, WILL BE ALONG THE LINES OF THE SUCCESSFUL LABOUR TRIBUNAL AND WILL PROVIDE A SIMPLE AND INFORMAL FORUM FOR THE RECOVERY OF SMALL DEBTS.
PROCEEDINGS WILL BE HEARD BY ADJUDICATORS, WHO WILL DE LAWYERS,
THERE WILL BE AND WILL BE CONDUCTED IN EITHER CHINESE OR ENGLISH. NO LEGAL REPRESENTATION.
THE TRIBUNAL WILL BE EMPOWERED TO RECOVER SMALL CLAIMS ARISING FROM CONTRACT OR TORT, BUT CERTAIN CLAIMS WILL BE EXCLUDED, SUCH AS THOSE FALLING WITHIN THE JURISDICTION OF THE LABOUR TRIBUNAL AND THOSE INVOLVING A MAINTENANCE AGREEMENT UNDER THE MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE.
THOSE WHO HAVE A CLAIM EXCEEDING THE $3,000 LIMIT CAN BRING THE CLAIM WITHIN THE TRIBUNAL'S JURISDICTION BY ABANDONING THE EXCESS. THEY WILL NOT BE ABLE TO DO SO HOWEVER BY HAVING THE CLAIM
SPLIT IN PARTS.
A CLAIM CAN BE MADE IN WRITING IN A PRESCRIBED FORM IN EITHER ENGLISH OR CHINESE, OR WITH PRIOR PERMISSION, ORALLYà
PROVISION IS MADE IN THE BILL FOR THE TRANSFER OF CLAIMS TO A HIGHER COURT, EITHER BY DECISION OF THE TRIBUNAL OR ON APPLICATION OF ANY PARTY.
AS IN THE CASE OF THE LABOUR TRIBUNAL, AN APPEAL FROM A DECISION OF THE SMALL CLAIMS TRIBUNAL CAN BE MADE ONLY ON A POINT OF LAW WITH THE LEAVE OF THE FULL COURT.
IN HIS ADDRESS TO THE LEGISLATIVE COUNCIL LAST WEDNESDAY, THE GOVERNOR, SIR MURRAY MACLEHOSE, SAID HE WAS AWARE OF A WIDESPREAD DEMAND FOR A SIMPLE. INEXPENSIVE AND QUICK-ACTING FORUM FOR RECOVERING SMALL DEBTS.
+IF THE BILL IS APPROVED, HE SAID, +1 AM CONFIDENT THAT THE NEW TRIBUNAL WILL FILL A LONG FELT NEED.+
MANAGEMENT COMMITTEES OF MULTI-STOREY BUILDINGS AND MUTUAL AID COMMITTEES WILL IN PARTICULAR FIND IT QUICKER AND CHEAPER TO RECOVER CONTRIBUTIONS FROM FLATOWNERS TOWARDS MAINTENANCE AND OTHER COSTS.
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