1975-HKRS28-16-23_Part04 — Page 53

Consequential

* la artikl pela deconst

PHOSIS

Schedule.

(Cap. 192)

(C=p. 163)

(Cap. 15)

10

40. The enactments specified in the first column of the Second Schedule are amended to the extent and in the manner set out in the second colum of that Schedule.

FIRST SCHEDULE

Juausdiction of TrisunaL

Oaths and Declarations. Ordinance.

[ 5.]

1. Any monetary claim founded in contract, quasi-contract or tort where the amount claimed is not more than $3,000, whether on balanes of account or otherwise :

Provided that the tribunal shall not have jurisdiction to bear and determine-

(a) any action in respect of-

(f) defamation;

(i) the loss of services of a woman or girl in consequence of her rape or seduction;

(i) the inducement of one spouse to leave or remain apart froc the other;

(8) 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

(6) the amount claimed does not exceed $3,000.

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

Legal Aid Ordinance.

E

The Third Schedule is amended by deleting-

"District Judge

Presiding Offeer Labour

Tribunal

Magistrate

and substituting the following-

“District Judge

ויורו-------

Presiding Officer. Labour

Tribunal

Magistrate strike-paneḥ

Adjudicator, Small Clainos

Tribunal

(Cap, 113

The Oaths lo

be tendered

by a Judge."

The Oaths to be tendered

by a Judge.".

The Schedule is amended in Part 11 by inserting, affer (Cap. 913 item 8, the following new item-

09 of 1973)

District Court Ordinance.

Judicial Service Commission

Ordinance 1975.

9. In the Small Claims Tribunal, proceedings under the Small Claims Tribunal Ordinance 1975.”,

The Ordinance is amended by adding, after section 37. (Can 336) the following new section

**Exclusion of ctions within jurisdiction of Small Claima Tribunal.

(79 of 1975.)

37A. Notwithstanding this Part but subject to section 5(3) of the Small Claims Tribunal Ordinance 1975, the Court shall not have jurisdiction to bear and determine any action or matter that lies within the jurisdiction of the Small Claims Tribunal, unless the Court has jurisdiction under the Small Claims Tribunal Ordinance 1975.".

The First Schedule is amended by inserting after (ss of 1975) "Presiding Officer, Labour Tribunal" the following-

"Adjudicator, Small Claims Tribunal",

Passed by the Hong Kong Legislative Council this 19th day of November, 1975.

обласен

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and comecily, printed copy of the said bill.

(Cup. 33

Official

Languages

Ordinance.

SBCOND SCHEDULE

[6. 40.]

CONSEQUENTIAL AMENDMENTS

The Schedule is amended by inserting, after item 5, the following-

HỐ

Any Small Claims Tribunal.".

Clerk to the Legislative Council.