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

Rh HONG KONG

Rh

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

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.

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

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”.