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

17. Judgment in default of appearance
(1) If a defendant fails to appear at the hearing, by himself or a person authorized by the tribunal to appear on his behalf, the claimant may apply for judgment.
(2) An application for entry of judgment under subsection (1) may be supported by an affidavit verifying facts relied on.
(3) Upon application made under subsection (1), the tribunal shall, if it is satisfied that the claimant is entitled to judgment, order judgment to be entered.
(4) Judgment shall not be entered against a defendant under this section unless the tribunal is satisfied that a copy of the written claim and the notice of hearing have been served on the defendant under section 14(2).
(Replaced 49 of 1979 s. 3)

18. Determination of claims
(1) The tribunal shall determine a claim and make such award or order thereon as it thinks fit as soon as possible after the conclusion of the hearing of the claim.
(2) The reasons for an award or order may be given orally or in writing as the tribunal thinks fit.
(3) An adjudicator shall, when he has made an award or order orally, reduce it to writing as soon as possible, and in any case not later than 14 days after the date of the award or order.
(4) Every written award or order shall be served by the registrar on the parties, and it shall not be necessary for the party in whose favour an award or order has been made to prove that it reached the party to be served.
(5) Service of an award or order under subsection (4) shall be effected—
(a) by delivering it personally to the party to be served;
(b) by leaving it with some person for him at his last known place of residence or at his place of business; (Amended 28 of 1999 s. 8)
(ba) by sending it by post addressed to him at his last known place of residence or at his place of business; or (Added 28 of 1999 s. 8)
(c) in such other manner as the registrar thinks fit.

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

19. Right of audience
(1) The following persons shall have a right of audience before the tribunal—
(a) any party;
(b) an officer or servant of a corporation, if the corporation is a party;
(c) a member of a partnership, if the persons comprising the partnership are parties;
(d) with the leave of the tribunal, any person, other than counsel or a solicitor, who is authorized in writing by a party to appear as his representative; (Amended 14 of 2003 s. 12)
(e) a public officer, not being a barrister or solicitor, who appears on behalf of the Secretary for Justice, if the Secretary for Justice is a party. (Added 14 of 2003 s. 12)
(2) Except for the purposes of proceedings under section 35A for insulting behaviour, no barrister or solicitor, including a barrister or solicitor who is a public officer whether or not qualified to practise in a court in Hong Kong, shall have a right of audience before the tribunal unless he is acting on his own behalf as a claimant or defendant. (Amended 28 of 1999 s. 9)

20. Claims may be heard together
(1) If 2 or more claims are filed and it appears to the tribunal that—
(a) a common question of law or fact arises in both or all of them;
(b) the claims arise out of the same cause of action; or
(c) it would be in the interests of justice,
the tribunal may order that such claims be heard at the same time.
(2) The power conferred by this section may be exercised notwithstanding that the hearing of 1 or more of the claims has begun.

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

21. Representative claims
(1) Subject to subsection (2), if 2 or more persons have claims against the same defendant, such claims may be brought in the name of 1 of such persons as the representative of some or all of them.
(2) The tribunal may, if at any stage of the proceedings it considers that a representative claim may prejudice the defendant, order that the claims of all or any of the persons represented shall be heard separately.
(3) Each person represented in a representative claim shall be deemed to have authorized the representative on his behalf to—
(a) call and give evidence and make submissions to the tribunal on any matter arising during the hearing of the claim;
(b) file affidavits, statements or other documents;
(c) agree to an adjournment or change of venue;
(d) agree to a settlement of the claim on such terms as he thinks fit;
(e) amend or abandon the claim; and
(f) act generally in as full and free a manner as such claimant may act on his own behalf.
(4) The authority deemed to be given to a representative by subsection (3) shall not be withdrawn save by leave of the tribunal.
(5) The tribunal may, at any time before determining any claim, grant leave to any person to join in the claim as a person represented on such terms as it may think fit.
(6) The tribunal may cause public notice to be given, in such manner as it may think fit, of the particulars of a representative claim which has been filed and of the date and place fixed for the hearing of the claim.

22. Joint defendants
(1) If 2 or more persons are defendants in proceedings in the tribunal, as partners or otherwise, the claim may be heard and determined in relation to any of such defendants who have been duly served with a written claim notwithstanding that other defendants have not been so served or are not within the jurisdiction of the tribunal.
(2) If an award is made against a defendant under subsection (1) and is satisfied by him, he shall be entitled to claim in proceedings in the tribunal contribution from any other person jointly liable with him.
(3) An award against a defendant in respect of a liability jointly with another person shall not discharge such other person from his liability.
(4) A person against whom a claim is made in respect of a liability jointly with any other person may set up any defence or counterclaim which he would have been entitled to set up if all the persons jointly liable with him were defendants.
(5) If 2 or more persons are joined as defendants, the claimant may obtain an award against any 1 or more of the defendants and may enforce the award without prejudice to his right to proceed with the claim against any other defendant.