Chapter: | 338A | SMALL CLAIMS TRIBUNAL (GENERAL) RULES | Gazette Number | Version Date |
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Empowering section | 30/06/1997 |
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(Cap 338, section 36) | ||
[1 October 1976] | ||
(Originally L.N. 78 of 1976) |
Rule: | 1 | Citation | 30/06/1997 |
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These rules may be cited as the Small Claims Tribunal (General) Rules.
Rule: | 2 | Interpretation | 30/06/1997 |
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In these rules, unless the context otherwise requires"register" (登記冊) means the Register of Claims kept under rule 4.
Rule: | 3 | Registry | 30/06/1997 |
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There shall be a registry for claims which shall be situated at such place as the Chief Justice may direct.
Rule: | 4 | Register of Claims | 30/06/1997 |
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(1) A Register of Claims, in such form as the Chief Justice may direct, shall be maintained in the registry.
(2) The register shall contain such details of all claims and proceedings in the tribunal as the Chief Justice may direct.
Rule: | 4A | Keeping of the Register of Claims, etc. | L.N. 257 of 1999 | 19/10/1999 |
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The Register of Claims kept under rule 4 and the summary kept under section 15 of the Ordinance may be kept-
Rule: | 5 | Service | 30/06/1997 |
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Except as otherwise provided by the Ordinance or these rules, service of any document required to be served under the Ordinance or these rules shall be carried out by such person as may be appointed for the purpose by the registrar and shall be effected-
(L.N. 253 of 1988)
Cap 338A - SMALL CLAIMS TRIBUNAL (GENERAL) RULES
Rule: | 6 | Substituted service | 30/06/1997 |
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(1) If reasonable efforts have been made to serve a document in accordance with rule 5 and service has not been effected, the registrar may make an order for substituted service of the document.
(2) Substituted service shall be effected in such manner as the registrar may direct.
Rule: | 6A | Failure of claimant to appear at hearing | 30/06/1997 |
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If, upon the hearing of a claim, the claimant does not appear, the adjudicator may strike out the claim upon such terms as he thinks just.
(L.N. 28 of 1978)
Rule: | 7 | Transfer of claim, counterclaim, etc. to District Court or Court of First Instance, etc. | L.N. 257 of 1999 | 19/10/1999 |
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Where the tribunal transfers a claim or a counterclaim or set-off and counterclaim to the Board, the Labour Tribunal, the Lands Tribunal, the District Court or the Court of First Instance under section 7 or 10 of the Ordinance, the registrar shall send to the registrar of the Board, the Labour Tribunal, the Lands Tribunal or the court to which the claim or counterclaim or set-off and counterclaim is transferred a certified copy of the entries in the register, and the documents in his custody, relating to the claim or counterclaim or set-off and counterclaim.
(25 of 1998 s. 2; 28 of 1999 s. 18)
Rule: | 8 | Procedure on application for leave to appeal | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made -see 25 of 1998 s. 2
(1) Where an application for leave to appeal is made under section 28 of the Ordinance
(2) At the hearing of an application for leave to appeal, the Court of First Instance may with the consent of the applicant alter any ground of appeal, or insert any new ground of appeal, in the application for leave to appeal. (L.N. 215 of 1982)
(25 of 1998 s. 2)
Rule: | 9 | Procedure on appeal from the tribunal | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made -see 25 of 1998 s. 2
the appeal to rely on any ground of appeal not specified in the application for leave to appeal. (L.N. 215 of 1982) (25 of 1998 s. 2)
Cap 338A - SMALL CLAIMS TRIBUNAL (GENERAL) RULES
Rule: | 10 | Payment of award by instalment | 30/06/1997 |
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The tribunal may order that the amount of an award or order shall be paid by such instalments, payable at such times, as the tribunal may think fit.
Rule: | 11 | (Repealed) | 30/06/1997 |
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(Repealed 14 of 1986 s. 12)
Rule: | 12 | Enforcement of award of the tribunal | 30/06/1997 |
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Where an application is made under section 32 of the Ordinance to enforce an award of the tribunal, such application may be commenced in the tribunal.
(L.N. 108 of 1986)
Cap 338A - SMALL CLAIMS TRIBUNAL (GENERAL) RULES