header-logo header-logo

11 March 2022 / Dr Ping-fat Sze
Issue: 7970 / Categories: Features , Procedure & practice , International
printer mail-detail

Hong Kong: small claims, big problem?

74290
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll