TNAG-0861-FCO40-1071-Legislation-for-shipping-and-port-control-in-Hong-Kong-1979 — Page 24

A146

Ord. No. 49/79

SMALL CLAIMS TRIBUNAL (AMENDMENT)

HONG KONG

No. 49 OF 1979

I assent.

L.S.

Short title.

Amendment of section 14.

(Cap. 338.)

Repeal and replacement of section 17.

Amendment of section 32A.

Repeal of section 39.

JACK CATER, Acting Governor.

19th July, 1979.

An Ordinance to amend the Small Claims Tribunal Ordinance.

[20th July, 1979]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Small Claims Tribunal (Amendment) Ordinance 1979.

2. Section 14(2)(b) of the principal Ordinance is amended by deleting sub-paragraph (ii) and substituting the following-

3.

"(ii) by leaving them with some person for him at his last known place of residence or business;

(iia) by posting them by registered post addressed to him at his last known place of residence or business; or".

Section 17 of the principal Ordinance is repealed and replaced by the following-

"Judgment in

default of

appearance.

4.

17. (1) If a defendant fails to appear at the hearing, by himself or a person authorized by the tribunal to appear on his behalf, the claimant may apply for judgment.

(2) An application for entry of judgment under sub- section (1) may be supported by an affidavit verifying facts relied on.

(3) Upon application made under subsection (1), the tribunal shall, if it is satisfied that the claimant is entitled to judgment, order judgment to be entered.

(4) Judgment shall not be entered against a defendant under this section unless the tribunal is satisfied that a copy of the written claim and the notice of hearing have been served on the defendant under section 14(2).".

Section 32A(2) of the principal Ordinance is amended by inserting after "hearing" the following—

"or such further period as the tribunal may allow".

5. Section 39 of the principal Ordinance is repealed.

Passed by the Hong Kong Legislative Council this 18th day of July, 1979.

STEPHEN S. P. Tam.

Clerk to the Legislative Council.