1964_SMALL_CLAIMS_TRIBUNAL_ORDINANCE — Page 6

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1986 Ed.]

Small Claims Tribunal

[CAP. 338

5

or the review is disposed of, his appointment has expired or has been terminated.

PART III

(Added, 14 of 1986, s. 3)

JURISDICTION

5. (1) The tribunal shall have jurisdiction to hear and determine the claims specified in the Schedule.

(2) Save as provided in this Ordinance, no claim within the jurisdiction of the tribunal shall be actionable in any other court in Hong Kong.

(3) A claim within the jurisdiction of the tribunal may be brought in another court if there is included in such claim a claim for some other relief, redress or remedy, other than a claim for costs.

(4) Subject to the Limitation Ordinance, the jurisdiction of the tribunal shall extend to a claim which arose before the commencement of this Ordinance.

6. The Legislative Council may, by resolution, amend the Schedule.

7. The tribunal may at any stage of proceedings in the tribunal, either of its own motion or upon the application of any party, transfer the proceedings to the District Court or the High Court, whereupon the practice and procedure of the District Court or the High Court, as the case may be, shall apply.

(Amended, 92 of 1975, s. 59)

8. No claim shall be split or divided and pursued in separate proceedings in the tribunal for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of the tribunal.

9. (1) Where a claimant has a claim for more than $8,000 which, if it were not for more than $8,000, would be within the jurisdiction of the tribunal, the claimant may abandon the excess, and thereupon the tribunal shall have jurisdiction to hear and determine the claim, so, however, that the claimant shall not recover in the claim an amount exceeding $8,000 (Amended, 79 of 1981, s. 2 and 14 of 1986, s. 4)

(2) Where the tribunal has jurisdiction to hear and determine a claim by virtue of this section, the award of the tribunal on the claim shall be in full discharge of all demands in respect of the claim, and judgment shall be deemed to be entered accordingly.

Jurisdiction of the tribunal. Schedule.

(Cap. 347.)

Power to amend Schedule.

Transfer of claims.

Division of causes of action.

Abandonment of part claim to give tribunal jurisdiction.

1959 c. 22, s. 41.

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1986 Ed.] Small Claims Tribunal [CAP. 338 5 or the review is disposed of, his appointment has expired or has been terminated. PART III (Added, 14 of 1986, s. 3) JURISDICTION 5. (1) The tribunal shall have jurisdiction to hear and determine the claims specified in the Schedule. (2) Save as provided in this Ordinance, no claim within the jurisdiction of the tribunal shall be actionable in any other court in Hong Kong. (3) A claim within the jurisdiction of the tribunal may be brought in another court if there is included in such claim a claim for some other relief, redress or remedy, other than a claim for costs. (4) Subject to the Limitation Ordinance, the jurisdiction of the tribunal shall extend to a claim which arose before the commencement of this Ordinance. 6. The Legislative Council may, by resolution, amend the Schedule. 7. The tribunal may at any stage of proceedings in the tribunal, either of its own motion or upon the application of any party, transfer the proceedings to the District Court or the High Court, whereupon the practice and procedure of the District Court or the High Court, as the case may be, shall apply. (Amended, 92 of 1975, s. 59) 8. No claim shall be split or divided and pursued in separate proceedings in the tribunal for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of the tribunal. 9. (1) Where a claimant has a claim for more than $8,000 which, if it were not for more than $8,000, would be within the jurisdiction of the tribunal, the claimant may abandon the excess, and thereupon the tribunal shall have jurisdiction to hear and determine the claim, so, however, that the claimant shall not recover in the claim an amount exceeding $8,000 (Amended, 79 of 1981, s. 2 and 14 of 1986, s. 4) (2) Where the tribunal has jurisdiction to hear and determine a claim by virtue of this section, the award of the tribunal on the claim shall be in full discharge of all demands in respect of the claim, and judgment shall be deemed to be entered accordingly. Jurisdiction of the tribunal. Schedule. (Cap. 347.) Power to amend Schedule. Transfer of claims. Division of causes of action. Abandonment of part claim to give tribunal jurisdiction. 1959 c. 22, s. 41.
Baseline (Original)
1986 Ed.] Small Claims Tribunal [CAP. 338 5 or the review is disposed of, his appointment has expired or has been terminated. PART III (Added, 14 of 1986, s. 3) JURISDICTION 5. (1) The tribunal shall have jurisdiction to hear and deter- mine the claims specified in the Schedule. (2) Save as provided in this Ordinance, no claim within the jurisdiction of the tribunal shall be actionable in any other court in Hong Kong. (3) A claim within the jurisdiction of the tribunal may be brought in another court if there is included in such claim a claim for some other relief, redress or remedy, other than a claim for costs. (4) Subject to the Limitation Ordinance, the jurisdiction of the tribunal shall extend to a claim which arose before the commence- ment of this Ordinance. 6. The Legislative Council may, by resolution, amend the Schedule. 7. The tribunal may at any stage of proceedings in the tribunal, either of its own motion or upon the application of any party, transfer the proceedings to the District Court or the High Court, whereupon the practice and procedure of the District Court or the High Court, as the case may be, shall apply. (Amended, 92 of 1975, s. 59) 8. No claim shall be split or divided and pursued in separate proceedings in the tribunal for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of the tribunal. D 9. (1) Where a claimant has a claim for-more-than- $8,000 -which, if it were not for more than $8,000, would be within the jurisdiction of the tribunal, the claimant may abandon the excess, and thereupon the tribunal shall have jurisdiction to hear and determine the claim, so, however, that the claimant shall not re- cover in the claim an amount exceeding $8,000 (Amended, 79 of 1981, s. 2 and 14 of 1986, s. 4) (2) Where the tribunal has jurisdiction to hear and determine a claim by virtue of this section, the award of the tribunal on the claim shall be in full discharge of all demands in respect of the claim, and judgment shall be deemed to be entered accordingly. Jurisdiction of the tribunal. Schedule. (Cap. 347.) Power to amend Schedule. Transfer of claims. Division of causes of action. Abandonment of part claim to give tribunal jurisdiction. 1959 c. 22, s. 41.
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1986 Ed.]

Small Claims Tribunal

[CAP. 338

5

or the review is disposed of, his appointment has expired or has been terminated.

PART III

(Added, 14 of 1986, s. 3)

JURISDICTION

5. (1) The tribunal shall have jurisdiction to hear and deter- mine the claims specified in the Schedule.

(2) Save as provided in this Ordinance, no claim within the jurisdiction of the tribunal shall be actionable in any other court in Hong Kong.

(3) A claim within the jurisdiction of the tribunal may be brought in another court if there is included in such claim a claim for some other relief, redress or remedy, other than a claim for costs.

(4) Subject to the Limitation Ordinance, the jurisdiction of the tribunal shall extend to a claim which arose before the commence- ment of this Ordinance.

6. The Legislative Council may, by resolution, amend the Schedule.

7. The tribunal may at any stage of proceedings in the tribunal, either of its own motion or upon the application of any party, transfer the proceedings to the District Court or the High Court, whereupon the practice and procedure of the District Court or the High Court, as the case may be, shall apply.

(Amended, 92 of 1975, s. 59)

8. No claim shall be split or divided and pursued in separate proceedings in the tribunal for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of the tribunal.

D

9. (1) Where a claimant has a claim for-more-than- $8,000 -which, if it were not for more than $8,000, would be within the jurisdiction of the tribunal, the claimant may abandon the excess, and thereupon the tribunal shall have jurisdiction to hear and determine the claim, so, however, that the claimant shall not re- cover in the claim an amount exceeding $8,000 (Amended, 79 of 1981, s. 2 and 14 of 1986, s. 4)

(2) Where the tribunal has jurisdiction to hear and determine a claim by virtue of this section, the award of the tribunal on the claim shall be in full discharge of all demands in respect of the claim, and judgment shall be deemed to be entered accordingly.

Jurisdiction of the tribunal. Schedule.

(Cap. 347.)

Power to amend Schedule.

Transfer

of claims.

Division of

causes of action.

Abandonment of part claim to give tribunal jurisdiction.

1959 c. 22, s. 41.

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