WEDNESDAY, MARCH 12, 193
9
MOVE TO IMPROVE SMALL CLAIMS TRIBUNAL JURISDICTION
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A BILL WHICH SEEKS TO INCREASE THE JURISDICTION OF THE SMALL CLAIMS TRIBUNAL AND TO AMEND THE TIME LIMITS FOR HEARING A CLAIM WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE SMALL CLAIMS TRIBUNAL (AMENDMENT) BILL 1986, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, SAID IT WAS PROPOSED THAT THE JURISDICTION OF THE TRIBUNAL BE INCREASED FROM $5 000 TO $8 000 TO MAKE THE ADVANTAGES OF THE TRIBUNAL'S SERVICES MORE WIDELY AVAILABLE.
+THE BAR ASSOCIATION AND THE LAW SOCIETY HAVE AGREED THAT THERE SHOULD BE AN INCREASE IN THE TRIBUNAL'S JURISDICTION, + HE SAID.
MR THOMAS SAID THE EXISTING LIMIT OF $5 000 HAD APPLIED SINCE FEBRUARY 1982 AND THE PAST FOUR YEARS HAD SEEN SOME CHANGE IN THE VALUE OF MONEY.
+AND MEANWHILE THE JURISDICTION OF THE DISTRICT COURT, WHERE CLAIMS IN EXCESS OF $5 000 HAVE TO BE LODGED, HAS INCREASED FRO $40 000 TO $60 000.+
AS REGARDS THE TIME LIMITS, MR THOMAS SAID THE LAW AT PRESEN REQUIRED THAT A DATE FOR THE HEARING OF A CLAIM SHOULD BE FIXED NOT EARLIER THAN 10 DAYS NOR LATER THAN 60 DAYS AFTER THE FILING OF THE CLAIM, UNLESS THE PARTIES OTHERWISE AGREED.
HE SAID THAT IN PRACTICE SUCH AGREEMENT WAS SELDOM REACHED AND IT HAD BEEN POINTED OUT BY THE SECRETARY FOR ECONOMIC SERVICE, WITH SUPPORT FROM THE CONSUMER COUNCIL AND THE HONG KONG TOURIST ASSOCIATION, THAT TOURISTS WHO CAME TO HONG KONG FOR SHORT VISITO SHOULD HAVE SOME MEANS OF OBTAINING QUICK REDRESS AGAINST MALPRACTICES BY UNSCRUPULOUS RETAILERS.
+SUCH A RETAILER IS NOT LIKELY TO AGREE THAT THE 10 DAYS SHOULD BE ABRIDGED. CONSEQUENTLY, THE TOURIST WILL NOT HAVE HIS CLAIN HEARD BEFORE HE LEAVES HONG KONG.
+THE REMOVAL OF THE 10-DAY LIMIT WILL ALLOW CLAIMS TO BE HEARD QUICKLY WHEN THAT IS APPROPRIATE, AS IN THE CASE OF A TOURIST'S COMPLAINT, HE SAID.
MR THOMAS ADDED THAT THE WORKLOAD OF THE TRIBUNAL WAS SU THAT IT HAD DIFFICULTY IN ALWAYS MEETING TO 60-DAY LIMIT FOR THE HEARING OF A CLAIM.
+ IT IS PROPOSED, THEREFORE, THAT THIS LIMIT BE EXTENDED TO 90 DAYS, WHICH WILL ACCOMMODATE BOTH THE EXISTING WORKLOA AND THE INCREASE IN WORKLOAD, ANTICIPATED FROM THE INCREASE IN JURISDICTION.
/+ON THE