UNIVERSITY Ed.1
Small Claims Tribunal (General) Rules
[CAP. 338
LAW LIBRARY
A 1
HONG KONG SMALL CLAIMS TRIBUNAL (GENERAL) RULES
(Cap. 338, section 36)
[Subsidiary]
L.N. 78/76.
L.N. 28/78. L.N. 215/82.
14 of 1986. L.N. 108/86.
[1 October 1976.]
1. These rules may be cited as the Small Claims Tribunal (General) Rules.
2. In these rules, unless the context otherwise requires—
"register" means the Register of Claims kept under rule 4.
3. There shall be a registry for claims which shall be situated at such place as the Chief Justice may direct.
4. (1) A Register of Claims, in such form as the Chief Justice may direct, shall be maintained in the registry.
(2) The register shall contain such details of all claims and proceedings in the tribunal as the Chief Justice may direct.
5. (1) Unless otherwise provided by the Ordinance, process shall be served by a person appointed by the registrar.
(2) Service of process shall be effected by delivering a copy of the document to the person to be served or by leaving it with some person for him at his last known place of residence or at his place of business.
(3) The person effecting the service shall endorse on the copy of the document retained by him the date and place of service and the name of the person receiving it and shall sign the endorsement.
6. (1) If reasonable efforts have been made to serve a document in accordance with rule 5 and service has not been effected, the registrar may make an order for substituted service of the document.
(2) Substituted service shall be effected in such manner as the registrar may direct.
6A. If, upon the hearing of a claim, the claimant does not appear, the adjudicator may strike out the claim upon such terms as he thinks just.
7. Where the tribunal transfers a claim or a counterclaim or set-off and counterclaim to the High Court or the District Court under section 7 or 10 of the Ordinance, the registrar shall send to the registrar of the court to which the claim or counterclaim or set-off and counterclaim is transferred a certified copy of the entries in the register, and the documents in his custody, relating to the claim or counterclaim or set-off and counterclaim.
8. (1) Where an application for leave to appeal is made under section 28 of the Ordinance—
Citation.
Interpretation.
Registry.
Register of Claims.
Service.
Substituted service.
Failure of claimant to appear at hearing. L.N. 28/78.
Transfer of claim, counterclaim, etc. to High Court or District Court.
Procedure on application for leave to appeal.
UNI
SITY Ed.1
Osmall Claims Tribunal (General) Rules
[CAP. 338
*
LAW
LIBR
ARY
*
A 1
HONG
CLAIMS TRIBUNAL (GENERAL) RULES
(Cap. 338, section 36)
[Subsidiary]
L.N. 78/76.
L.N. 28/78. L.N. 215/82.
14 of 1986. L.N. 108/86.
[1 October 1976.]
1. These rules may be cited as the Small Claims Tribunal (General) Rules.
2. In these rules, unless the context otherwise requires--
"register" means the Register of Claims kept under rule 4.
3. There shall be a registry for claims which shall be situated at such place as the Chief Justice may direct.
4.
(1) A Register of Claims, in such form as the Chief Justice may direct, shall be maintained in the registry.
(2) The register shall contain such details of all claims and proceedings in the tribunal as the Chief Justice may direct.
5. (1) Unless otherwise provided by the Ordinance, process shall be served by a person appointed by the registrar.
(2) Service of process shall be effected by delivering a copy of the document to the person to be served or by leaving it with some person for him at his last known place of residence or at his place of business.
(3) The person effecting the service shall endorse on the copy of the document retained by him the date and place of service and the name of the person receiving it and shall sign the endorsement.
6. (1) If reasonable efforts have been made to serve a docu- ment in accordance with rule 5 and service has not been effected, the registrar may make an order for substituted service of the document.
(2) Substituted service shall be effected in such manner as the registrar may direct.
6A. If, upon the hearing of a claim, the claimant does not appear, the adjudicator may strike out the claim upon such terms as he thinks just.
7. Where the tribunal transfers a claim or a counterclaim or set-off and counterclaim to the High Court or the District Court under section 7 or 10 of the Ordinance, the registrar shall send to the registrar of the court to which the claim or counterclaim or set-off and counterclaim is transferred a certified copy of the entries in the register, and the documents in his custody, relating to the claim or counterclaim or set-off and counterclaim.
8. (1) Where an application for leave to appeal is made under section 28 of the Ordinance-
Citation.
Interpretation.
Registry.
Register of Claims.
Service.
Substituted service.
Failure of claimant to appear at hearing. L.N. 28/78.
Transfer of claim, coun- terclaim, etc. to High Court or District Court.
Procedure on application for leave to appeal.
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