Page:Small Claims Tribunal Ordinance 1975 (Cap. 338).pdf/3

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SMALL CLAIMS TRIBUNAL
Ord. No. 79/75
A341

HONG KONG


No. 79 of 1975.

L.S.

I assent.

Denys Roberts,
Acting Governor.

20th November, 1975

An Ordinance to establish a tribunal to be known as the Small Claims Tribunal having limited civil jurisdiction, and to make provision for the jurisdiction, procedure and practice thereof, and for matters connected therewith.

[]

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

PART I
Preliminary

Short title and commencement. 1. This Ordinance may be cited as the Small Claims Tribunal Ordinance 1975 and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.

Interpretation. 2. In this Ordinance, unless the context otherwise requires—

“adjudicator” means an adjudicator appointed under section 4;

“claim” means a proceeding in the tribunal between a claimant and a defendant;

“claimant” means a person bringing a claim other than—

(a) a defendant entering a counterclaim; and
(b) a person who is being represented in a representative claim;

“defendant” means a person against whom a claim is made by a claimant other than—

(a) a claimant against whom relief is sought by way of counterclaim; and
(b) a person who is being represented in a representative claim;

“party” means a claimant or defendant and any person joined as a third party;

“registrar” means the Registrar of the District Court;

“representative claim” means a claim brought in the name of one claimant on behalf of himself and one or more other claimants;

“tribunal" means the Small Claims Tribunal established by section 3.

PART II
Constitution of Tribunal

Establishment of tribunal. 3. (1) There is hereby established a tribunal to be known as the Small Claims Tribunal and to be known in the Chinese language as “小額錢債審裁處”.