Lay litigants left behind: are small claims proceedings in Hong Kong fit for purpose? Dr Ping-fat Sze investigates
- The Small Claims Tribunal of Hong Kong deals with over 42,000 contractual and tortious claims a year, the vast majority of which are resolved before proceeding to trial.
- The tribunal is a popular forum for resourceful parties pursuing claims against individuals without any legal assistance.
- It is argued that the tribunal is now ill-equipped to handle consumer disputes classified as small claims, given the complicated matters of law and fact involved.
In Hong Kong, the Small Claims Tribunal has virtually exclusive jurisdiction over most contractual and tortious claims not exceeding HK$75,000 (about £7,200). Pursuant to the Small Claims Tribunal Ordinance, proceedings in the tribunal are informal, the rules of evidence do not apply, and legal representation is excluded. The tribunal is also empowered to determine its own practice and procedure.
There are over 42,000 claims lodged with the tribunal each year, compared to approximately 10,000 civil actions filed with both the District Court and the Court of First Instance
