Small Claims Tribunal
- Before you start a claim - PDF version (4,860 KB)
- What work does the Small Claims Tribunal do
- What is a “small claim”
- Things you should note before you start a claim
- Things you should pay attention to if you decide to file a claim
- Small Claims Tribunal Information Centre
- Performance Pledge
- Mediation
- Assistance you can get from this series of pamphlets
- How to start a claim - PDF version (2,878 KB)
- Search into the defendant's particulars
- Filing of Forms 1 & 2
- Filing fee
- Service of claim
- What a defendant may do after receipt of the claim - PDF version (5,423 KB)
- When a defendant agrees to pay whole/part of the amount claimed
- When a defendant agrees to pay but asks for time to pay or payment by instalments
- When a defendant disagrees with whole/part of the claim but does not have a counterclaim
- When a defendant disagrees with the claim and has a counterclaim
- When a defendant ignores the claim
- General points to note about small claims proceedings - PDF version (4,691 KB)
- What kind of hearings will there be from the beginning to the end of a case
- Who should attend the hearings
- Application for adjournment
- Application for amendment to claim or counterclaim
- Discontinuance of claim or counterclaim
- Execution of Judgment
- Emails
- The evidence and burden of proof
- How to prepare for and conduct a hearing or trial - PDF version (2,914 KB)
- How to prepare for the call-over
- What happens at the call-over
- What happens at a mention hearing
- How to prepare for a trial
- What happens at a trial
- Behaviour at hearings
- Documents required in a small claim case - PDF version (9,629 KB)
- Witness statement
- Expert witness
- Photographs
- Other documents
- Copy documents to be filed with the Tribunal and served on the other party
- Pagination
- Application to set aside, review and appeal - PDF version (4,748 KB)
- Application to set aside
- Procedures on Review & Appeal
- Review or Appeal
- How to enforce a judgment - PDF version (1,502 KB)
- How can a judgment be enforced
- Application procedure
- The execution process
- Enquiries on execution matters
- Small Claims Tribunal - Level of Fees - PDF version (189 KB)
Before you start a claim
1. What work does the Small Claims Tribunal do
1.1 |
The Small Claims Tribunal (Tribunal) deals with monetary claims not exceeding $75,000. The hearing of proceedings in the Tribunal is in an informal manner. No legal representation is allowed. |
2. What is a "small claim"
2.1 |
A “small claim” is a claim for money involving $75,000 or less. The main types of claims handled by the Tribunal are:
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2.2 |
The Tribunal does not handle:
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2.3 |
If your claim exceeds $75,000, you are not allowed to divide it into separate claims so as to fit in the Tribunal’s jurisdiction. However, you may abandon any claims exceeding $75,000 in order to bring a claim to the Tribunal. |
3. Things you should note before you start a claim
3.1 |
You should ask yourself the following questions before taking action in the Tribunal:
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4. Things you should pay attention to if you decide to file a claim
4.1 |
Tribunal staff will provide assistance on procedural matters only. They cannot give you legal advice. For example, they cannot tell you if you have a good claim or whom you should sue. If you wish to get legal advice, you should consult your own lawyer; however, legal costs incurred in small claim cases will not be recoverable even if you win the case. |
4.2 |
You may be able to get free legal advice through Free Legal Advice Scheme of the Duty Lawyer Service at some District Offices. For details, you can call the Central Telephone Enquiry Centre of the Home Affairs Department. You can also refer to the website of the Duty Lawyer Service. |
4.3 |
You are responsible for preparing evidence and attending all the hearings throughout the proceedings. You have to note that civil litigation in the Tribunal may be a long-drawn battle, which will take months before the case is set down for trial, and judgment of the Tribunal is passed. The pressure arising from it could be tremendous. |
4.4 |
The trial process in the Tribunal is, like other courts in Hong Kong, adversarial. In addition to presenting your own case to the Tribunal, you are expected to cross-examine the witnesses of your opponent’s case. You should therefore be prepared to accomplish these tasks. Please refer to Pamphlet 5 “How to prepare for and conduct a hearing or trial” for details. |
4.5 |
The business hours of the Tribunal are:
Closed on Saturdays, Sundays and Public Holidays Arrangements of the Small Claims Tribunal in case of bad weather
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5. Small Claims Tribunal Information Centre
5.1 |
Location: The Small Claims Tribunal Information Centre is located on the 1st Floor, Tower B of the West Kowloon Law Courts Building. |
5.2 |
Purpose: The Information Centre is to provide services to potential litigants before a claim is filed. If you have questions of a procedure nature before filing your claim, you can approach the Information Centre for assistance. After you filed your claim, all enquiries must be directed to the Small Claims Tribunal Registry located on the 3rd Floor of Tower B. Please remember that tribunal staff cannot provide legal advice; they can only assist you on issues of general procedural matters. |
5.3 |
Facilities available: In addition to tribunal staff available to answer general procedural questions, the following facilities are available at the Information Centre for Small Claims Tribunal users:
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6. Performance Pledge
6.1 |
Wherever possible, the Judiciary will reply at once to correspondence from members of the public. In any case, we will give you an interim reply within 10 days and a full response within 30 days of receiving a letter. If a full response cannot be given within 30 days, we will give you a further interim reply with a brief explanation. |
7. Mediation
7.1 |
Mediation is an alternative dispute resolution process designed to help parties in dispute reach their own mutually acceptable agreements so as to resolve their differences. It is a voluntary process in which a trained and impartial third person, the mediator, assists the parties to communicate and negotiate issues in a private and confidential setting. After a claim is filed, the Adjudicator may also encourage case parties to consider the use of mediation to resolve disputes at a suitable stage. You can contact the Integrated Mediation Office (West Kowloon) for enquiries. |
8. Assistance you can get from this series of pamphlets
8.1 |
The purpose is to introduce to litigants a broad outline of civil proceedings in the Tribunal. They provide the litigants with information concerning the proper procedures in the Tribunal, as well as the manner in which the parties should present their case, evidence and other materials to the Tribunal. |
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8.2 |
They do not intend to be a summary of the civil practice at the Tribunal. They give a general guideline on the procedures. For details on the practice and procedures adopted in the Tribunal, you may refer to the Small Claims Tribunal Ordinance (Chapter 338, Laws of Hong Kong). The English and Chinese versions can be found on the website: |
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8.3 |
This series of pamphlets includes the following:
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8.4 |
The following is the contact details of various organisations which the litigants may find useful to approach when handling a case in the Tribunal: Judiciary
Small Claims Tribunal
Interactive Voice Recording System of the Small Claims Tribunal
Integrated Mediation Office (West Kowloon)
Business Registration Office, Inland Revenue Department
Companies Registry
Duty Lawyer Service Administration Office :
Central Telephone Enquiry Centre, Home Affairs Department
Bar Association
Official Receiver's Office
The above contact details are accurate only up to the date of printing. Please note it is not an exhaustive list as there may be other organisations that may provide information or advice to the litigants. |
Judiciary
January 2023
(4th Edition)
How to start a claim
1. Search into the defendant's particulars
1.1 |
Before issuing a claim, the claimant should ascertain the full name of the defendant and his last known address.
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1.2 |
The claimant should bring along such search results of the defendant to court at call-over for verification. |
2. Filing of Forms 1 & 2
2.1 |
After collecting the above information of the defendant, the claimant should fill in Forms 1 and 2. The forms can be obtained at the Tribunal Registry or the Information Centre. They can also be downloaded from the Judiciary's website or obtained by fax via the Interactive Voice Recording System of the Tribunal. |
2.2 |
In Form 1 (Title to Claim: General Form), the claimant should fill in:
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2.3 |
In Form 2 (Form of Claim), the claimant should:
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2.4 |
If the claimant is an individual, the claimant should sign Form 2 personally and write down his full name next to his signature. A sole proprietor should sign Form 2 personally and write down his full name together with “Sole proprietor” next to his signature and affixed with company chop (if any). A partner should sign if the claim is made by a business partnership and write down his full name together with “Partner” next to his signature and affixed with company chop (if any). A director, company secretary or an authorised officer should sign if the claim is made by a corporation and he should write down his full name together with his post and affixed with company chop next to his signature. |
2.5 |
Forms 1 and 2 have to be filed at the Tribunal Registry in person. They cannot be filed by any other means such as post, fax or email. The claimant may appoint a representative to file the claim on his behalf. |
2.6 |
Please note that if the claimant wishes to amend his claim particulars after filing Forms 1 and 2, he needs to apply in writing for permission to amend from the Adjudicator. After the Adjudicator has approved the application, the claimant needs to attend the Tribunal Registry again to make the amendment and pay the prescribed fee. To save time and costs, the claimant should make sure the information provided is correct at the time of filing. |
2.7 |
Sample completed Forms 1 and 2 are displayed at the Information Centre. They can also be downloaded from the Judiciary's website or obtained by fax via the Interactive Voice Recording System of the Tribunal. But please note that these sample forms are for reference only and are not meant to be exhaustive. They are not meant to be the samples that suit your case. You should make adjustments or variations to suit your own case. If you have any doubt, you should consult your own lawyer. The Judiciary cannot be held responsible for the content of these sample forms. |
3. Filing fee
3.1 |
When the claim is filed, the claimant is required to pay prescribed filing fee. |
3.2 |
The claimant may approach the Tribunal Registry or the Information Centre or browse the Judiciary’s website for details of prescribed filing fee. |
4. Service of claim
4.1 |
After the claimant has filed his claim and paid the prescribed filing fee, the Tribunal Registry staff will give the claimant a Form 3 (Notice of Place and Day fixed for Hearing) showing:
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4.2 |
The Bailiff Section staff will send copies of Forms 1, 2 and 3 to each defendant by ordinary post. |
4.3 |
If the claim cannot be served on the defendant, the claimant will be asked at call-over to provide the defendant’s correct address, and if necessary, to verify it. If the claim still cannot be served, the Tribunal may allow other means of serving. If, in the end, the claim still cannot be served, the Tribunal cannot deal with the claim. So, it is very important for the claimant to make sure that the particulars of the defendant (such as name and address) are correct and updated at the time of filing the claim. |
Judiciary
August 2023
(4th Edition)
What a defendant may do after receipt of the claim
1. When a defendant agrees to pay whole/part of the amount claimed
1.1 |
Before call-over and before a statement of defence is filed
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1.2 |
After call-over or after a statement of defence is filed
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2. When a defendant agrees to pay but asks for time to pay or payment by instalments
2.1 |
The defendant will have to apply to the Tribunal at call-over for time to pay or for payment by instalments. |
2.2 |
To support his application, the defendant must provide a table showing his income and expenditure per month. The defendant must also provide all documentary evidence to support his application, e.g. bank statements, tax returns, audited report, etc. |
3. When a defendant disagrees with whole/part of the claim but does not have a counterclaim
3.1 |
The defendant should file a defence with the Tribunal Registry (please mark 'defence' on the envelope) and send the claimant a copy of the same well in advance of the call-over date. |
3.2 |
A defence is a document setting out whether the defendant disputes liability and/or the amount of claimant’s claim; and if so, why. The defendant has to reply to each and every allegation of the claimant as stated in the claim form paragraph by paragraph. |
4. When a defendant disagrees with the claim and has a counterclaim
4.1 |
The defendant should not only file with this Tribunal Registry and serve on the claimant his defence as mentioned in paragraph 3 above, but should also file his counterclaim with the Tribunal Registry. |
4.2 |
A counterclaim is a counter-document filed by a defendant who, in addition to seeking to defend against a claim, wishes to make his own separate and independent claim against the claimant for some causes of action related with the claim, or flowing from the facts contained in the claim. A counterclaim will be heard at the same time as the trial on the claim. |
4.3 |
If a defendant wishes to file his counterclaim, he must fill in and file Form of Counterclaim with the Tribunal Registry in person or by his representative. Filing of the counterclaim by any other means such as post, fax or email is not acceptable. |
4.4 |
Prescribed filing fee is required to be paid. The defendant may approach the Tribunal Registry or the Information Centre or browse the Judiciary’s website for details. |
4.5 |
After filing the counterclaim, the defendant is required to serve a copy of the same on the claimant himself by post. |
5. When a defendant ignores the claim
5.1 |
If the defendant does not appear at call-over, the claimant may apply for judgment against the defendant provided he can satisfy the Tribunal of the claim and that the notice of hearing has been served on the defendant. |
Judiciary
December 2018
(2nd Edition)
General points to note about small claims proceedings
1. What kind of hearings will there be from the beginning to the end of a case
1.1 |
In general, from the beginning to the end of a case, the proceedings can be divided into three stages, namely, call-over, mention hearing(s) and trial. |
1.2 |
In addition, there are other subsidiary hearings, e.g. hearing for application to set aside or review an award or order of the Tribunal. |
1.3 |
For detailed explanations on those proceedings, please refer to Pamphlets 5 and 7, namely “How to prepare for and conduct a hearing or trial” and “Application to set aside, review and appeal”. |
2. Who should attend the hearings
2.1 |
Both claimant and defendant should attend all hearings. |
2.2 |
If the party is a corporation, an officer of the corporation properly authorised by a letter signed by the director or company secretary and affixed with company chop may attend. If the party is a sole proprietorship or a partnership, the sole proprietor or all partners should attend. |
2.3 |
If the party is an individual and wishes his representative (other than counsel or solicitor) to attend the hearing, the party should apply for permission from the Tribunal. Unless the application is supported by good justified reasons and evidence, the Tribunal may not allow such application. Unless the party has the Tribunal’s permission, the party should attend the hearing in person; otherwise the Tribunal may, in the absence of the party, dismiss the party’s claim (if the party is the claimant) or enter default judgment against the party (if the party is the defendant). |
2.4 |
A representative of the party (but not counsel or a solicitor) may attend provided that:
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2.5 |
At trial, in addition to the parties and/or their representatives allowed by the Tribunal, all witnesses from whom the parties wish to adduce evidence should attend. |
2.6 |
If neither the claimant nor his representative appears in person at the time fixed for the hearing, the claimant’s claim may be dismissed by the Adjudicator. |
2.7 |
If neither the defendant nor his representative appears in person at the time fixed for the hearing, the claimant may apply to enter judgment against the defendant. In such event, if it appears that the claim forms and notice of hearing have been properly served on the defendant and the claimant can provide sufficient evidence to prove the claim, the Adjudicator may enter default judgment against the defendant. |
3. Application for adjournment
3.1 |
Any application for adjournment should be made as soon as the necessity arises so as to enable the Adjudicator to consider the application and attend to any follow-ups, including notifying the outcome of the application to the parties. |
3.2 |
Unless with good justified reasons (business reasons or holidays are usually not accepted as good reasons) and evidence, the Adjudicator may refuse the application. |
3.3 |
Please bear in mind that it is possible for the Adjudicator to award costs arising out of the application for adjournment to the other party. |
3.4 |
There is no standard format for making an application to adjourn the case. Applicants may send in a letter, specifying the claim number, the court number, the hearing date, the contact phone number as well as the reasons in support of the application. It is desirable that the application is supported by documentary proof such as the consent letter of the other party. Applications would be submitted for the Adjudicator’s direction. Applicants would be notified of the outcome as soon as possible. If the application is granted, the other party will also be notified of the adjournment by the Tribunal. |
4. Application for amendment to claim or counterclaim
4.1 |
A claimant may amend his claim or a defendant may amend his counterclaim at any stage before judgment is given. But permission from the Adjudicator to amend is required before amendments can be made. |
4.2 |
A party should first write out his proposed amended claim or amended counterclaim and then send a copy each to the Tribunal and to the other party. The Adjudicator will then decide whether the proposed amendments will be allowed with or without holding a hearing. |
4.3 |
If permission to amend is granted, the party must attend the Tribunal Registry to amend his claim or counterclaim in person and pay the prescribed fee each time he amends his claim or counterclaim. Amendments to the claim or counterclaim cannot be made by any other means such as post, fax or email. |
4.4 |
If further mention hearings are required as a result of any amendment to the claim or counterclaim, the party proposing the amendment may have to bear the costs of that hearing to the other party. To avoid unnecessary costs, a party should make sure his claim or counterclaim particulars are correct at an early stage. |
5. Discontinuance of claim or counterclaim
5.1 |
At any stage before the Adjudicator gives his judgment, a claimant may discontinue his claim or a defendant his counterclaim by filing a Notice of Discontinuance of Claim or Notice of Discontinuance of Counterclaim. Parties may approach the Tribunal Registry or the Information Centre for the relevant forms. They can be downloaded from the Judiciary’s website or obtained by fax via the Interactive Voice Recording System of the Tribunal. |
5.2 |
If the claimant chooses to discontinue his claim before call-over, permission from the Adjudicator to discontinue the claim is not required. The claimant is only required to fill in the relevant form, send it to the Tribunal and serve a copy to the defendant. |
5.3 |
If the claimant chooses to discontinue his claim or the defendant his counterclaim after call-over, permission from the Adjudicator is required. Unless permission is granted and the hearing date is vacated by the Tribunal, parties must attend the hearing as originally directed or scheduled. |
6. Execution of Judgment
6.1 |
It is important to note that if a party is awarded a judgment in his favour but the party who loses the case refuses to comply with the judgment, the winning party may have to commence enforcement proceedings against the losing party. The Tribunal will not take initiative to enforce the judgment for the winning party, i.e. the Tribunal will not chase the losing party to pay the judgment sum to the winning party. |
6.2 |
For details on how to enforce a judgment, please refer to Pamphlet 8 “How to enforce a judgment”. |
7. Emails
7.1 |
Filing of any document by email is generally not acceptable, including Forms of Claim, Counterclaim, Defence, witness statement; and/or all other relevant documentary evidence. |
7.2 |
Enquiries or applications of any kind in relation to any specific case by email are not acceptable, either. Such enquiries or applications must be made in writing and duly signed and dated by the party to the proceedings. The enquiries and/or applications must be sent to the Tribunal well in advance so as to allow the Adjudicator sufficient time to consider and reply to the same. |
8. The evidence and burden of proof
8.1 |
Each party to the proceedings must collect evidence to support his case. Generally speaking, the burden of proof is on the party who makes the allegation, but this is always subject to the directions of the Adjudicator, which may order the other party to adduce the evidence. Evidence can be in various forms, including oral evidence from witnesses, documents, photographs, audio or video tapes or discs or electronic data contained in any tapes or discs etc. |
8.2 |
It is advisable for the claimant to obtain all evidence, in particular, written statements from the witnesses at an early stage. The defendant should likewise prepare witness statements after receiving the claimant’s claim. |
Judiciary
January 2023
(4th Edition)
How to prepare for and conduct a hearing or trial
1. How to prepare for the call-over
1.1 |
You should make arrangements to set aside at least half a day or more for attending the call-over. |
1.2 |
If you appoint a representative, ensure he is familiar with the facts of the case. |
1.3 |
As a claimant or a defendant, you or your representative should bring along at least the following documents (as applicable) at the call-over:
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1.4 |
In addition, the claimant should also bring along the following documents (as applicable) at the call-over:
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2. What happens at the call-over
2.1 |
Please report to the Court Clerk inside the registration room of the designated court specified in the Notice of Place and Day Fixed for Hearing. The Adjudicator would instruct a Tribunal Officer to interview both parties to deal with preliminaries, which may include:
Remember that the Tribunal Officer cannot give you legal advice. |
2.2 |
It is the duty of both the Adjudicator and the Tribunal Officer to attempt to assist the parties to settle the dispute. If the parties agree to settle, the Tribunal Officer will submit the settlement to the Adjudicator for a consent order. The consent order will be sent to the parties by mail. |
2.3 |
When the dispute cannot be settled, directions will be given for the future conduct of the case, e.g. for the filing and service of:
The case will be adjourned to another date for mention. All parties should comply punctually with such directions. If the directions are not complied with, the claim may be dismissed or a judgment entered against the defendant without trial. Costs may also be ordered against the party in default. |
2.4 |
At call-over, the Adjudicator may:
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2.5 |
Claims inappropriately commenced in the Tribunal may be transferred to other courts or tribunals either at the call-over or at any subsequent stage of the proceedings. |
2.6 |
If, during the call-over or at any subsequent stage of the proceedings, the defendant lodges a counterclaim which exceeds or which does not fall within the jurisdiction of the Tribunal, the whole case, i.e. claim and counterclaim, will be transferred to the appropriate court or tribunal. |
3. What happens at a mention hearing
3.1 |
Mention hearings are hearings after the call-over but before trial. Depending on the complexity of the case and on many other factors, including the readiness of the parties in complying with directions given by the Tribunal in preparing the case for trial, there may be more than one mention hearing before trial. |
3.2 |
At the mention hearing, the Adjudicator may:
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3.3 |
In order to ensure the mention hearing is constructive, all parties should get themselves familiar with the latest development of the case. They are also required to bring along all documents they have filed with the Tribunal and received from the other party as the Adjudicator may refer to those documents during the hearing. |
3.4 |
At each mention hearing, the Adjudicator will review with the parties as to whether they have collected sufficient evidence in support of their respective cases. The Adjudicator may fix a date for trial only if all parties confirm that they have no further evidence to produce. |
3.5 |
The Adjudicator may ask the parties whether they are willing to settle. It is proper for the Adjudicator to actively help and encourage the parties to settle. If the parties are willing to settle, the Adjudicator will make an order. |
4. How to prepare for a trial
4.1 |
When the Adjudicator fixes a date for trial, the parties should have had an idea of what witnesses to call and what witness statements and other documents they wish to rely on at trial. The parties should make careful notes of all evidence they wish to adduce at trial so that nothing important will be left out. The parties should also make sure their respective witnesses will attend trial on the trial date. Before trial, the witnesses should refresh their memories of what they have stated in their witness statements. |
4.2 |
If any witness is unwilling to attend trial, the party may apply to the Adjudicator for leave to take out a witness summons to secure such witness’ attendance. Such application should be made at least 3 weeks before the trial date. A form for such application (Form 5) can be obtained from the Tribunal Registry or the Information Centre. It can also be downloaded from the Judiciary's website or obtained by fax via the Interactive Voice Recording System of the Tribunal. Prescribed witness expenses will have to be paid by the applicant. |
4.3 |
Each party should peruse all the witness statements and documents served on by the other party in order to fully understand what the other party’s case is and what evidence his witnesses will give. After perusal of those documents, each party should formulate his line of cross-examination on each of the other party’s witnesses. |
5. What happens at a trial
5.1 |
All parties and their witnesses must attend the trial. If the claimant is absent, the Tribunal may strike out the claim. If the defendant is absent, the Tribunal may enter judgment in his absence provided that the claimant can prove the case. |
5.2 |
Witnesses will give oral evidence on oath or affirmation. A witness who is found not to have told the truth in court may be liable to criminal prosecution and imprisonment. |
5.3 |
The claimant and/or his witnesses will give evidence first. Thereafter the defendant and/or his witnesses will give evidence. The giving of evidence by a witness is broadly a three-stage process:
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5.4 |
As all parties will have a chance to question their own witnesses and those of the other party, taking notes on the evidence given by witnesses will help you prepare your questions. |
5.5 |
After all witnesses have given evidence, the parties may make final submissions. Making of final submissions is optional. It is not evidence giving but to highlight the strength or weaknesses of the evidence given by the witnesses for the Adjudicator’s consideration. |
5.6 |
The Adjudicator may deliver judgment at the end of the trial or on a later date if the issues involved are complicated. If the Adjudicator thinks it is necessary for the parties to provide further evidence, the trial will be adjourned to a later date. |
6. Behaviour at hearings
6.1 |
At any hearing in the Tribunal, if a person behaves in an insulting or threatening manner, or wilfully interrupts the hearing, the Adjudicator may summarily sentence that person to a fine of $10,000 and imprisonment for 6 months. |
Judiciary
August 2023
(4th Edition)
Documents required in a small claim case
1. Witness statement
1.1 |
Witness statement is the usual form of evidence in civil proceedings. It should contain an account of the facts the witness will give as evidence in court. The facts contained in the witness statement should be within the personal knowledge of the witness; otherwise, the Adjudicator may refuse to admit them as evidence or give little or no importance to them even if they are admitted as evidence. (For example, you want to prove how a traffic accident took place. However, you were not there when the accident occurred. At trial, you relate to the Adjudicator what others had told you about how it happened. Such evidence does not come from your personal knowledge and therefore is unlikely to be admitted by the Adjudicator as evidence.) |
1.2 |
The party may wish to present to the Tribunal events happened on different occasions encountered by different witnesses. In that case, it is necessary to prepare a number of witness statements, each of which should contain an account of facts the statement maker, i.e. the witness, has personal knowledge. |
1.3 |
Since a witness is an individual who has personal knowledge of the relevant facts, a witness statement should be a statement of an individual witness. A corporation or a firm is not an individual and thus not capable to make any witness statement. |
1.4 |
If a party is a corporation or a firm, its witness statement(s) should be given by its officer(s), employee(s) or any other individual(s) who has/have personal knowledge of the relevant facts. |
1.5 |
Usually the claimant and the defendant may wish to give evidence in court themselves. In that case they should prepare their own witness statements. Where there are other witnesses who will give evidence in court at trial, statements of those witnesses should also be prepared. |
1.6 |
Witness statement should be concise in style but comprehensive in contents, covering all the facts relevant to the claim/ counterclaim and the disputes. Blank witness statement form can be obtained at the Tribunal Registry or the Information Centre. It can also be downloaded from the Judiciary's website or obtained by fax via the Interactive Voice Recording System of the Tribunal. |
1.7 |
It is advisable that in the witness statement, the facts should be set out in a chronological order with separate numbered paragraphs. |
1.8 |
The witness should sign at the end of his statement with his name on it. |
2. Expert witness
2.1 |
There are occasions where a claim or counterclaim involves technical issues outside the Adjudicator’s knowledge, e.g. the reasonable cost of repairing a damaged vehicle or what the accepted quality standards are for particular goods or services. In such event, appointing an expert to prepare a witness statement or an expert report may be necessary. However, it can be expensive. You may see fit to ask the Adjudicator for advice if you are not sure whether the help of an expert is needed. |
2.2 |
The basic requirements set out in paragraph 1 above are applicable to the statement of an expert witness. |
3. Photographs
3.1 |
In some cases, parties may wish to produce photographs or sketches. Strictly speaking, the makers of those photographs or sketches are required to give evidence that those photographs or sketches were taken or prepared by them. However, if the other party does not insist on production of those photographs or sketches by their makers, calling of the makers can be dispensed with. |
3.2 |
Please refer to paragraph 5.2 below for requirements for filing and serving coloured copy of photographs. |
4. Other documents
4.1 |
If a party wishes to rely on other documents, e.g. invoices, receipts, letters, etc., he has to consider calling the witness who has personal knowledge of the contents contained in those documents to give evidence. In this connection, please refer to paragraph 1.1 above. Preferably such witness will give a witness statement explaining the contents and significance of those documents. |
5. Copy documents to be filed with the Tribunal and served on the other party
5.1 |
Copy of all witness statements and other documents the parties wish to rely on should be filed with the Tribunal in accordance with the directions/orders given by the Tribunal. In addition, an identical copy of those documents filed with the Tribunal should also be served on the other party at the same time. Original of those documents should be kept by the filing party but they should be ready for inspection by the Tribunal or the other party at any hearings or trial. |
5.2 |
Where a document is coloured and the coloured part carries significance, you should file with the Tribunal and serve on the other party coloured copy of that document. For example, if you wish to rely on photographs (normally coloured, not black and white), copy of those photographs should be given to the Tribunal and the other party. Photographs should be affixed on A4 size paper and numbered. |
6. Pagination
6.1 |
As the case goes along, more and more witness statements and documents will be filed and served by the parties. It is a good practice to paginate them as a whole so that when you refer to the pagination of a particular document, the Adjudicator and the other party can easily identify the same document. |
6.2 |
For the claimant’s documents, the pagination should start with "C" so that the first page is "C1", the second page is "C2", etc. For the defendant’s documents, it should start with "D" so that the first page is “D1”, the second page is “D2”, etc. |
Judiciary
December 2018
(2nd Edition)
Application to set aside, review and appeal
1. Application to set aside
1.1 |
If a claimant is absent from any hearings or at trial, the claim may be struck out for want of prosecution. |
1.2 |
If a defendant is absent from any hearings or at trial, default judgment may be entered for the claimant. |
1.3 |
In either of the above situations, the absent party, if not satisfied with the Adjudicator’s decision, may apply immediately to set aside the order of striking out or the order of default judgment with the Tribunal. He can do so by completing and filing Form 8D “Application to Set Aside an Award/Order” and set out the reasons for absence with supporting proof. |
1.4 |
A hearing will then be fixed by the Tribunal to deal with this application. In the said hearing, the Adjudicator may:
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1.5 |
It should be noted that whether the Adjudicator allows the application to set aside or not, the defaulting party will usually be ordered to pay costs of that hearing to the non-defaulting party. |
1.6 |
Form 8D can be obtained from the Tribunal Registry or the Information Centre. It can also be downloaded from the Judiciary’s website or obtained by fax via the Interactive Voice Recording System of the Tribunal. |
2. Procedures on Review and Appeal
2.1 |
If any party is not satisfied with the order or judgment of the Adjudicator, the party may:
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2.2 |
Applying to the Tribunal for review
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2.3 |
Applying to the Court of First Instance of the High Court for leave to appeal
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3. Review or Appeal
3.1 |
The following table may help you decide whether to apply for a review or for leave to appeal.
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Judiciary
January 2023
(3rd Edition)
How to enforce a judgment
1. How can a judgment be enforced
1.1 |
After a winning party has obtained a judgment for payment of money from the Tribunal, he may apply to the Bailiff Office of the Judiciary for enforcement by way of a Writ of Fieri Facias ("FiFa"), if the judgment is not complied with. |
1.2 |
It is very important to note that no one can guarantee that an attempt for enforcement will be successful and an applicant for enforcement has to pay a deposit and expenses in advance when an application is made. Therefore, an applicant should carefully consider his own position before submitting an application for a Writ of FiFa. |
2. Application procedure
2.1 |
Before approaching the Bailiff Office for execution of the Writ of FiFa, the winning party may apply at the Tribunal Registry for a Writ of FiFa by following the steps below:-
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2.2 |
After that, the winning party shall deliver the Writ of FiFa to a Bailiff Office for execution after paying a deposit covering the expenses incurred by the Bailiff. A Bailiff is directed to levy execution on the goods and chattels of the judgment debtor (i.e. the losing party) to a sum equal to the judgment plus the incidental expenses of execution. The Bailiff will seize and sell the judgment debtor’s goods by public auction if payment is not made into court. The proceeds will then be used to pay the money due to the winning party after defraying the necessary court charges. |
2.3 |
The winning party is encouraged to accompany the Bailiff when he goes to execute the Writ of FiFa. The winning party has to make an appointment with the Bailiff in advance for this purpose. |
3. The execution process
3.1 |
On the date of execution, a Bailiff, together with watchmen, will visit the premises of the judgment debtor. If there are sufficient goods and chattels to justify a seizure, the Bailiff will do so up to the amount endorsed on the writ, plus the estimated fees for execution. After making out an inventory of all the items seized, he will give one copy to the watchmen who are responsible for keeping watch over the items to ensure that they will not be tampered with or removed unlawfully. |
3.2 |
The existing practice is for the judgment debtor to be given a grace period of 5 working days to settle the debt. If the judgment debtor does not pay within the grace period, the Bailiff will conduct a sale by public auction of the goods seized. The proceeds of the sale will be paid to the winning party by cheque after deducting watchmen's fees and incidental expenses. |
3.3 |
If the Bailiff attends the premises of the judgment debtor and finds no or insufficient goods to justify a seizure, the Bailiff will not proceed with the execution. The winning party should write back to the Bailiff Office with further instructions within 14 days from the date of execution. If the winning party accompanies the Bailiff on the visit, he will be able to give instruction on the spot. |
3.4 |
Points to note:
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4. Enquiries on execution matters
4.1 |
To ensure successful execution of the Writ of FiFa, it is essential that the winning party gives the Bailiff Office the correct address of the judgment debtor. If the winning party wants to find out what progress has been made in the execution of the Writ of FiFa, he can contact the Bailiff Office at 2802 7510. |
Judiciary
May 2023
(3rd Edition)
Small Claims Tribunal - Level of Fees
Claims and Summonses etc., and Applications | $ | |
1 | Filing of a claim or counterclaim where the amount claimed - | |
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20 | |
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40 | |
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70 | |
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120 | |
1A | Inter-partes summons and copy including service, each summons | 55 |
2 | Summons and copy including service, each witness | 33 |
2A | Filing of an amended document | 20 |
2B | Filing of a writ of execution | 55 |
2C | Application to set aside an award or order | 61 |
3 | Application for review | 61 |
4 | Application for leave to appeal | 61 |
Copies, Translation, Transcription, Authentication and Searches | ||
5 | Copy of a document made in the registry of the tribunal, per page | 4 |
6 | Copy of a document made in the registry of the tribunal and certification - | |
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5.5 | |
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such additional fee as the registrar may fix | |
7 | Translation of any document made in the registry of the tribunal and certificate, per page | in the discretion of the registrar |
8 | Certifying translation made elsewhere, per page | 20 |
8A | Transcription made in the registry of the tribunal - | |
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0.14 | |
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0.1 | |
8B | Authentication of documents by the Registrar (as defined by section 2 of the District Court Ordinance (Cap. 336)) | 125 |
9 | Every search in the registry of the tribunal for each register, file or document | 18 |
Bailiff’s Expenses | ||
10 | Watchman’s fee per day | 83 |
10A | Delivery of documents relating to a claim or counterclaim, each address | 10 |
11 | Transportation or conveyance expenses and overtime, according to distance and time | actual expenditure plus 20% being administrative charges |
Taking Evidence | ||
12 | Attendance of any Government official to produce or prove in the tribunal any record or document called by any party other than the Government | 61 |
13 | Attendance of any Government official to give any other evidence in the tribunal - | |
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in the discretion of the registrar | |
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61 | |
14 | Filing any affidavit or declaration (other than affidavit or declaration of a bailiff of court) (including administering any oath or taking any declaration in the registry of the tribunal) | 121 |
14A | Travelling expenses for each witness summoned by a party | 55 |
Miscellaneous | ||
15A | Each audiotape that has a capacity of 60 minutes and contains an audio recording of proceedings in the tribunal | 80 |
15B | Each compact disc that has a capacity of at least 700 megabytes and contains an audio recording of proceedings in the tribunal | 170 |
15C | Each digital versatile disc that has a capacity of at least 4.7 gigabytes and contains an audio recording of proceedings in the tribunal | 210 |
16 | Filing any notice or document in the tribunal not hereinbefore referred to (other than a notice or document expressing an intention not to proceed with a claim, counterclaim or defence) | 55 |
17 | Sealing any document in connection with proceedings in the tribunal not hereinbefore referred to | 55 |
18 | Any other matter or proceeding not hereinbefore referred to and for which no fee has been specified herein | such fee as the registrar may fix |
October 2024