XN000022-1979-07-04 — Page 13

WEDNESDAY, JULY 4, 1979

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BILL TO MAKE SMALL CLAIMS TRIBUNAL

A PERMANENT PART OF JUDICIAL SYSTEM

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THE GOVERNMENT HAS PROPOSED TO MAKE THE SMALL CLAIMS TRIBUNAL, WHICH WAS ORIGINALLY SET UP TO LAST FOR THREE YEARS, A PERMANENT PART OF THE JUDICIAL SYSTEM IN HONG KONG.

THE ATTORNEY GENERAL, THE HON. JOHN GRIFFITHS, INTRODUCED THE SMALL CLAIMS TRIBUNAL ́ (AMENDMENT) BILL 1979 IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) TO ACHIEVE THAT OBJECTIVE AND AT THE SAME TIME TO MAKE SOME PROCEDURAL AMENDMENTS TO IMPROVE THE SERVICE WHICH THE TRIBUNAL OFFERS TO THE PUBLIC.

MR. GRIFFITHS SAID THAT SINCE THE TRIBUNALS WERE OPENED IN HONG KONG, KOWLOON AND THE NEW TERRITORIES, 9,729 CLAIMS OF UP TO $3,000 WERE DEALT WITH BETWEEN OCTOBER 1976 AND DECEMBER 1977. IN THE YEAR ENDING DECEMBER 1978, 11,485 WERE COMMENCED,

+DUE TO THE EXPERIMENTAL NATURE OF THE LEGISLATION AND OF THE TRIBUNAL, THE ORDINANCE WHICH BROUGHT IT INTO BEING PROVIDED THAT IT SHOULD INITIALLY EXIST ONLY FOR THREE YEARS, THAT PERIOD IS DUE TO EXPIRE THIS YEAR UNLESS EXTENDED BY THIS COUNCIL, + MR. GRIFFITHS SAID.

+ IT IS CONSIDERED, HOWEVER, THAT THE TRIBUNAL HAS BEEN A SUCCESS AND THAT IT SHOULD NOW BECOME A PERMANENT PART OF OUR JUDICIAL SYSTEM,+ HE ADDED.

THE AMENDMENTS INCLUDED IN THE BILL ARE:-

* CLAUSE 2 AMENDS THE SERVICE PROVISION OF THE PRINCIPAL

ORDINANCE BY MAKING SPECIFIC PROVISION FOR SERVICE BY REGISTERED POST ADDRESSED TO A DEFENDANT AT HIS LAST KNOWN PLACE OF RESIDENCE OR BUSINESS-

* CLAUSE 3 CONTAINS A NEW PROCEDURE WHICH WILL ENABLE A

CLAIMANT TO OBTAIN JUDGMENT ON THE BASIS OF WRITTEN EVIDENCE IN THE FORM OF AN AFFIDAVIT WHERE A DEFENDANT DOES NOT APPEAR AT THE HEARING. A CLAIMANT MAY CALL ORAL EVIDENCE IF HE WISHES, AND JUDGMENT WILL NOT BE ENTERED UNLESS THE TRIBUNAL IS SATISFIED THAT SERVICE HAS BEEN EFFECTED IN ACCORDANCE WITH THE PRINCIPAL ORDINANCE-

* CLAUSE 4 AMENDS SECTION 32A OF THE PRINCIPAL ORDINANCE

WHICH PROVIDES FOR AN APPLICATION TO SET JUDGMENT ASIDE. THE AMENDMENT EXTENDS THE EXISTING TIME OF SEVEN DAYS WITHIN WHICH SUCH AN APPLICATION MUST BE MADE, TO SUCH FURTHER TIME AS THE TRIBUNAL MAY ALLOW- AND

* CLAUSE 5 REPEALS THE SECTION IN THE PRINCIPAL ORDINANCE

*KICH LIMITS THE LIFE OF THE TRIBUNAL,

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