### Small Claims Tribunal Ordinance 《小額錢債審裁處條例》

29. Powers of Court of First Instance on appeal
(1) On an appeal for which it has granted leave under section 28, the Court of First Instance may— (Amended 79 of 1981 s. 10; 49 of 1988 s. 2)
(a) allow the appeal;
(b) dismiss the appeal; or
(c) remit the matter to the tribunal with such directions as it thinks fit, which may include a direction to the tribunal for a new hearing.
(2) On an appeal for which it has granted leave under section 28, the Court of First Instance may— (Amended 79 of 1981 s. 10; 49 of 1988 s. 2)
(a) draw any inference of fact; and
(b) make such order as to costs and expenses as it thinks fit,
but may not—
(i) reverse or vary any determination made by the tribunal on questions of fact; or
(ii) receive further evidence.
(3) Subject to section 29A, the decision of the Court of First Instance shall be final. (Added 79 of 1981 s. 10)
(Amended 92 of 1975 s. 59; 25 of 1998 s. 2)

29A. Appeal to the Court of Appeal
(1) Any party who is aggrieved by a decision of the Court of First Instance on an appeal heard by leave given under section 28 may, within 7 days after the date of the decision, apply to the Court of Appeal for leave to appeal and, if the Court of Appeal considers that a question of law of general public importance is involved, it may grant leave. (Amended 49 of 1988 s. 2)
(2) An application for leave to appeal under this section shall be—
(a) in the prescribed form, setting out the question of law; and
(b) lodged with the Registrar of the High Court.
(3) A refusal by the Court of Appeal to grant leave to appeal shall be final.
(Added 79 of 1981 s. 10. Amended 25 of 1998 s. 2)

### Small Claims Tribunal Ordinance 《小額錢債審裁處條例》

29B. Power of the Court of Appeal on appeal
On an appeal for which it has granted leave under section 29A, the Court of Appeal may— (Amended 49 of 1988 s. 2)
(a) allow the appeal;
(b) dismiss the appeal; or
(c) remit the matter to the tribunal with such directions as it thinks fit, which may include a direction to the tribunal for a new hearing,
and may make such order as to costs as it thinks fit.
(Added 79 of 1981 s. 10)

30. Procedure on appeal
Subject to this Part, an appeal from the tribunal shall be brought in such manner and shall be subject to such conditions as may be prescribed.

31. Stay of execution on appeal
The filing of an application for leave to appeal under section 28 or section 29A shall not operate as a stay of execution of an award or order unless the tribunal, the Court of First Instance or Court of Appeal, as the case may be, otherwise orders and any stay of execution may be subject to such conditions as to costs, payment into the tribunal, the giving of security or otherwise as the tribunal, the Court of First Instance or Court of Appeal thinks fit.
(Amended 92 of 1975 s. 59; 79 of 1981 s. 10; 25 of 1998 s. 2)

32. Enforcement of award of tribunal
An award of the tribunal may be enforced in the District Court in the same manner as a judgment of that court.
(Amended 14 of 1986 s. 9)

32A. Setting aside award or order given in absence of party
(1) Any award or order of the tribunal obtained where one party did not appear at the hearing may be set aside by the tribunal, on the application of that party, on such terms as it thinks just.
(2) An application under subsection (1) shall be made within 7 days after the hearing or such further period as the tribunal may allow. (Amended 49 of 1979 s. 4)
(Added 67 of 1977 s. 5)

### Small Claims Tribunal Ordinance 《小額錢債審裁處條例》

33. Interest on awards
(1) The tribunal may include in the amount of an award interest at the rate specified in subsection (4) on the whole or any part of the sum claimed for the whole or any part of the period between the date when the cause of action arose and the date of the award. (Amended 14 of 1986 s. 10)
(2) The powers conferred by subsection (1) may be exercised—
(a) whether or not interest is expressly claimed;
(b) at any time after the date of the award if it appears to the tribunal that the failure to claim or to award interest was through inadvertence; and
(c) where an award is made against the defendant in his absence.
(3) An award shall carry interest at the rate specified in subsection (4) on the aggregate amount thereof, or on such part thereof as for the time being remains unsatisfied, from the date of the award until satisfaction. (Added 14 of 1986 s. 10)
(4) The rate of interest specified for the purposes of subsections (1) and (3) shall be the rate from time to time applicable to judgment debts under section 50 of the District Court Ordinance (Cap. 336). (Added 14 of 1986 s. 10. Amended 10 of 2005 s. 229)

34. Payment of award
(1) In a joint or representative claim the amount of an award shall be paid into the tribunal and there shall be allocated to the parties to the claim the sum of money claimed by each claimant or person represented.
(2) When money is paid into the tribunal by a defendant, in full or part discharge of an award made against him in a joint or representative claim, the defendant shall be deemed to have satisfied his liability under the award to the extent of the amount so paid and shall not be liable to any claimant as to the manner in which such money is allocated by the tribunal.