Page:Small Claims Tribunal Ordinance 1975 (Cap. 338).pdf/7

Rh 17. If a defendant who has been duly served with a copy of the written claim and a notice of hearing fails to appear at the hearing, by himself or a person authorized by the tribunal to appear on his behalf, the tribunal may hear the claim notwithstanding the absence of the defendant.

18. (1) The tribunal shall determine a claim and make such award or order thereon as it thinks fit as soon as possible after the conclusion of the hearing of the claim.

(2) The reasons for an award or order may be given orally or in writing as the tribunal thinks fit.

(3) An adjudicator shall, when he has made an award or order orally, reduce it to writing as soon as possible, and in any case not later than 14 days after the date of the award or order.

(4) Every written award or order shall be served by the registrar on the parties, and it shall not be necessary for the party in whose favour an award or order has been made to prove that it reached the party to be served.

(5) Service of an award or order under subsection (4) shall be effected—
 * (a) by delivering it personally to the party to be served;
 * (b) by leaving it with some person for him at his last known place of residence or at his place of business; or
 * (c) in such other manner as the registrar thinks fit.

19. (1) The following persons shall have a right of audience before the tribunal—
 * (a) any party;
 * (b) an officer or servant of a corporation, if the corporation is a party;
 * (c) a member of a partnership, if the persons comprising the partnership are parties;
 * (d) with the leave of the tribunal, any person, other than counsel or a solicitor, who is authorized in writing by a party to appear as his representative.

(2) No barrister or solicitor, including a barrister or solicitor who is a public officer whether or not qualified to practise in a court in Hong Kong, shall have a right of audience before the tribunal unless he is acting on his own behalf as a claimant or defendant.

20. (1) If two or more claims are filed and it appears to the tribunal that—
 * (a) a common question of law or fact arises in both or all of them;
 * (b) the claims arise out of the same cause of action; or
 * (c) it would be in the interests of justice,

the tribunal may order that such claims be heard at the same time.

(2) The power conferred by this section may be exercised notwithstanding that the hearing of one or more of the claims has begun.

21. (1) Subject to subsection (2), if two or more persons have claims against the same defendant, such claims may be brought in the name of one of such persons as the representative of some or all of them.