XN000022-1976-09-23 — Page 6

THURSDAY, SEPTEMBER 23, 1976

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SMALL CLAIMS TRIBUNALS BEGIN OPERATION NEXT MONTH

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SPECIAL COURTS, SET UP UNDER THE SMALL CLAIMS TRIBUNAL ORDINANCE TO DEAL WITH CASES INVOLVING LEGAL CLAIMS FOR AMOUNTS NOT EXCEEDING $3,000, WILL COME INTO OPERATION FROM OCTOBER 1.

THE FIRST OF THESE COURTS, KNOWN AS THE SMALL CLAIMS TRIBUNALS, ARE SITUATED AT THE VICTORIA DISTRICT COURT, BATTERY PATH ON HONG KONG ISLAND, AND AT THE KOWLOON DISTRICT COURT, GASCOIGNE ROAD, KOWLOON.

THE HEARING IS INFORMAL AND WILL BE CONDUCTED IN EITHER ENGLISH OR CHINESE. BOTH THE CLAIMANT AND THE DEFENDANT MUST COME TO THE TRIBUNAL ON THE DATE OF THE HEARING AND THEY MUST BRING ALONG WITH THEM THEIR WITNESSES AND ALL DOCUMENTS TO SUPPORT THEIR CASES,

MEMBERS OF THE PUBLIC WISHING TO MAKE A CLAIM MUST FIRST OBTAIN A FORM OF CLAIM FROM ONE OF THE TRIBUNAL OFFICES. IF DIFFICULTY IS ENCOUNTERED IN COMPLETING THE FORM, ASSISTANCE WILL BE GIVEN AT THE OFFICES OF THE TRIBUNAL.

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HOWEVER, CLAIMANTS ARE REMINDED THAT THEY MUST BRING ALONG WITH THEM DOCUMENTS TO SUPPORT THEIR CLAIMS, SUCH AS ANY WRITTEN CONTRACT, DISHONOURED CHEQUE, HIRE PURCHASE AGREEMENT, BUILDING MANAGEMENT AGREEMENT, RECEIPTS FOR EXPENSE PAID IN CONNECTION WITH A MOTOR CAR ACCIDENT AND BORROWING NOTE. FULL DETAILS OF THE NAME AND ADDRESS OF THE DEFENDANT ARE ALSO ESSENTIAL.

ONCE THE FORM OF CLAIM HAS BEEN COMPLETED, AND SIGNED BY THE CLAIMANT A DATE WILL BE FIXED FOR THE HEARING OF THE CASE. A COPY OF THE CLAIM AND OF THE DATE OF HEARING WILL BE SERVED UPON THE DEFENDANT BY THE TRIBUNAL.

PLAINTIFFS ARE ALSO REQUESTED TO NOTE THAT THE ORDINANCE EXCLUDES CERTAIN TYPES OF CLAIMS SUCH AS:

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DISPUTES BETWEEN EMPLOYER AND EMPLOYEES OVER WAGES AND SALARIES AS THEY ARE DEALT WITH BY THE LABOUR TRIBUNAL.

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CLAIMS FOR THE POSSESSION OF LAND.

* TENANCY DISPUTES.

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CLAIMS FOR ALIMONY AND MAINTENANCE

CLAIMS FOR DAMAGES

FOR LIBEL AND SLANDER- AND CLAIMS BY MONEY LENDERS.

PROVISION IS ALSO MADE IN THE ORDINANCE FOR A CASE TO BE TRANSFERRED TO A HIGHER COURT IF IT BECOMES APPARENT THAT IT IS VERY COMPLICATED.

THE FEES TO BE PAID FOR BRINGING PROCEEDINGS ARE SET OUT IN THE SMALL CLAIMS TRIBUNAL (FEES) RULES, 1976. THEY RANGE FROM A MINIMUM OF $5 TO A MAXIMUM OF $20.

COMMENTING ON THE SMALL CLAIMS TRIBUNAL, THE ACTING REGISTRAR OF SUPREME COURT, MR. S.H. MAYO SAID: THE DISTRICT COURTS ARE NOT ALWAYS AN IDEAL VENUE FOR PURSUING SMALL CLAIMS, PARTICULARLY IF IT IS NECESSARY OR DESIRABLE FOR PARTIES TO ENGAGE THE SERVICES OF LEGAL ADVISERS.+

/THE COST