Page:Small Claims Tribunal Ordinance 1975 (Cap. 338).pdf/5

Rh 9. (1) Where a claimant has a claim for more than $3,000 which, if it were not for more than $3,000, 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 $3,000.

(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.

10. (1) Where any counterclaim or set-off and counterclaim in proceedings in the tribunal is a monetary claim which is not within the jurisdiction of the tribunal, the tribunal shall order that the proceedings on the counterclaim or set-off and counterclaim be transferred to the District Court or the Supreme Court.

(2) Where an order is made under subsection (1) and judgment on the claim is given for the claimant, execution thereon shall, unless the tribunal otherwise orders, be stayed until the proceedings transferred to the District Court or the Supreme Court have been determined.

(3) Where a defendant has a counterclaim or set-off and counterclaim for more than $3,000 which, if it were not for more than $3,000, would be within the jurisdiction of the tribunal, the defendant may abandon the excess and thereupon the tribunal shall have jurisdiction to hear and determine the counterclaim or set-off and counterclaim, so, however, that the defendant shall not recover in the counterclaim or set-off and counterclaim an amount exceeding $3,000.

(4) Where a tribunal has jurisdiction to hear and determine a counterclaim or set-off and counterclaim by virtue of this section, the award of the tribunal on the counterclaim or set-off and counterclaim shall be in full discharge of all demands in respect thereof, and judgment shall be deemed to be entered accordingly.

11. Where any proceedings on a claim or counterclaim or set-off and counterclaim are transferred under section 7 or section 10 from the tribunal to the District Court or the Supreme Court, the costs of the proceedings both before and after the transfer shall, subject to any order of the tribunal, be in the discretion of the court to which the proceedings are transferred, and that court may make orders with respect thereto and as to the scales on which the costs of the proceedings are to be taxed; and the costs of the whole proceedings shall be taxed in that court. PART IV

12. (1) A proceeding in the tribunal shall be commenced by filing a claim with the registrar.

(2) Subject to subsection (3), a claim shall be in writing in the prescribed form, in either the English or Chinese language, and shall be signed by the claimant.

(3) The registrar may permit a claim to be made orally and shall cause it to be reduced to writing and shall supply a copy thereof to the claimant and, if the registrar thinks it appropriate, a translation thereof if it is reduced to writing in the English language.