Page:Small Claims Tribunal Ordinance 1975 (Cap. 338).pdf/11

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Ord. No. 79/75

(2) A person to whom subsection (1) applies shall not forfeit a fine under that subsection unless there has been paid or tendered to him at the time of service of the summons a reasonable sum in respect of his expenses including any loss of salary or wages.

(3) Any person present before the tribunal who is required to give evidence but refuses to be sworn or to give evidence shall forfeit a fine in accordance with subsection (1).

(4) An adjudicator may, in his discretion, direct that the whole or any part of any such fine shall, after deducting the costs, be applied towards indemnifying the party injured by the refusal or neglect but without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.

Chief Justice may make rules. 36. The Chief Justice may make rules—

(a) regulating the procedure for—
(i) applying for leave to appeal, and the hearing of such applications, under section 28;
(ii) the hearing of appeals under section 29;
(b) regulating the transfer of proceedings to the District Court or the Supreme Court;
(c) providing for matters of procedure which are not provided for in this Ordinance;
(d) prescribing anything which is to be or may be prescribed;
(e) prescribing the fees and costs applicable to proceedings in the tribunal;
(f) generally for the better carrying out of the provisions of this Ordinance.

Procedure generally. 37. Where no provision is made by this Ordinance or rules made under section 36, the practice and procedure in the tribunal shall be such as the tribunal may determine, either generally or in any particular proceeding.

Application to Crown. 38. This Ordinance binds the Crown.

Duration of Ordinance. 39. This Ordinance shall expire at the end of 3 years from the commencement of the Ordinance, unless continued in force by a resolution of the Legislative Council.

Consequential amendments.
40. The enactments specified in the first column of the Second Schedule are amended to the extent and in the manner set out in the second column of that Schedule.

[s. 5.]

Jurisdiction of Tribunal

Any monetary claim founded in contract, quasi-contract or tort where the amount claimed is not more than $3,000, whether on balance of account or otherwise:

Provided that the tribunal shall not have jurisdiction to hear and determine—

(a) any action in respect of—
(i) defamation;