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

10. Jurisdiction as to counterclaim
(1) Where any counterclaim or set-off and counterclaim in proceedings in the tribunal is a monetary claim which is not within the jurisdiction of the tribunal, the tribunal shall order that the proceedings on the counterclaim or set-off and counterclaim be transferred to the Board, the Labour Tribunal, the Lands Tribunal, the District Court or the Court of First Instance. (Amended 92 of 1975 s. 59; 25 of 1998 s. 2; 28 of 1999 s. 4)
(2) Where an order is made under subsection (1) and judgment on the claim is given for the claimant, execution thereon shall, unless the tribunal otherwise orders, be stayed until the proceedings transferred to the Board, the Labour Tribunal, the Lands Tribunal, the District Court or the Court of First Instance have been determined. (Amended 92 of 1975 s. 59; 25 of 1998 s. 2; 28 of 1999 s. 4)
(3) Where a defendant has a counterclaim or set-off and counterclaim which exceeds the monetary amount mentioned in paragraphs 1 and 2 of the Schedule and which, but for the excess, would be within the jurisdiction of the tribunal, the defendant may abandon the excess and thereupon the tribunal shall have jurisdiction to hear and determine the counterclaim or set-off and counterclaim, so, however, that the defendant shall not recover in the counterclaim or set-off and counterclaim an amount exceeding that mentioned in paragraphs 1 and 2 of the Schedule. (Amended 79 of 1981 s. 2; 14 of 1986 s. 5; 49 of 1988 s. 2)
(4) Where a tribunal has jurisdiction to hear and determine a counterclaim or set-off and counterclaim by virtue of this section, the award of the tribunal on the counterclaim or set-off and counterclaim shall be in full discharge of all demands in respect thereof, and judgment shall be deemed to be entered accordingly.

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

11. Costs in transferred cases
Where any proceedings on a claim or counterclaim or set-off and counterclaim are transferred under section 7 or section 10 from the tribunal to the Board, the Labour Tribunal, the Lands Tribunal, the District Court or the Court of First Instance, the costs of the proceedings both before and after the transfer shall, subject to any order of the tribunal, be in the discretion of the Board, the Labour Tribunal, the Lands Tribunal or the court to which the proceedings are transferred; and the Board, the Labour Tribunal, the Lands Tribunal or the court may make orders with respect thereto, and where the proceedings are transferred from the tribunal to the Lands Tribunal, the District Court or the Court of First Instance, the Lands Tribunal or the court may also make orders as to the scales on which the costs of the proceedings are to be taxed, and the costs of the whole proceedings shall be taxed in the Lands Tribunal or the court.
(Amended 92 of 1975 s. 59; 25 of 1998 s. 2; 28 of 1999 s. 5)

12. Filing claims
(1) A proceeding in the tribunal shall be commenced by filing a claim with the registrar.
(2) Subject to subsection (3), a claim shall be in writing in the prescribed form, in either the English or Chinese language, and shall be signed by or on behalf of the claimant. (Amended 14 of 1986 s. 6)
(3) The registrar may permit a claim to be made orally and shall cause it to be reduced to writing in the language in which it is made and shall supply a copy thereof to the claimant. (Amended 25 of 1998 s. 2)
(4) In any joint or representative claim—
(a) the registrar may permit the claim to be filed notwithstanding that it has not been signed by all the claimants or persons represented on condition that all the claimants or such persons shall do so before the date of hearing; and
(b) the name of a claimant or person represented who has not so signed the claim before the hearing may, if the tribunal so directs, be deleted from the claim and the amount of the claim reduced accordingly.

13. Contents of claim
A claim shall contain—
(a) the name and address of each claimant, and, in the case of a representative claim, the name and address of each person represented;
(b) the name and address of each defendant;
(c) the sum of money claimed by each claimant or person represented;
(d) such particulars of the claim as are reasonably sufficient to inform the defendant of the ground for the claim and the manner in which the amount claimed by each claimant or person represented has been calculated.

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

14. Service of claim and notice of hearing
(1) The registrar shall, when a claim has been filed—
(a) fix a place and date for hearing the claim which shall not be later than 60 days after the filing of the claim; and (Amended 14 of 1986 s. 7)
(b) cause a copy of the written claim and a notice in the prescribed form of the date and place of hearing to be served on every defendant in the manner specified in subsection (2).
(2) Service of a copy of the written claim and the notice of hearing—
(a) shall be carried out by such person as may be appointed by the registrar for the purpose; and
(b) shall be effected—
(i) by delivering them personally to the defendant;
(ii) by leaving them with some person for him at his last known place of residence or business; (Replaced 49 of 1979 s. 2)
(iia) by sending them by post addressed to him at his last known place of residence or business; or (Added 49 of 1979 s. 2. Amended 28 of 1999 s. 6)
(iii) in such other manner as may be directed by the registrar.

15. Keeping of summary of evidence, etc.
The adjudicator shall keep or cause to be kept a summary, whether by means of shorthand notes or mechanical, electronic or optical means or otherwise, of the evidence, submissions or statements made or given in proceedings in the tribunal and of any point of law and of his decision thereon.
(Amended 28 of 1999 s. 7)

16. Hearing to be informal
(1) The hearing of proceedings in the tribunal shall be conducted in an informal manner.
(2) The tribunal may summon any witness and require the production of any document, record, book of account or other thing, which is relevant in any proceedings.
(3) The tribunal shall inquire into any matter which it may consider relevant to a claim, whether or not it has been raised by a party.