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

35. Penalty for neglect of witness summons
(1) Any person on whom a summons under section 16 has been served who—
(a) refuses or neglects, without sufficient cause, to appear or produce any documents required by the summons to be produced; or
(b) refuses to be sworn or give evidence,
shall forfeit such fine not exceeding level 2 as the adjudicator may direct. (Amended 28 of 1999 s. 13)
(2) A person to whom subsection (1) applies shall not forfeit a fine under that subsection unless there has been paid or tendered to him at the time of service of the summons a reasonable sum in respect of his expenses including any loss of salary or wages.
(3) Any person present before the tribunal who is required to give evidence but refuses to be sworn or to give evidence shall forfeit a fine in accordance with subsection (1).
(4) An adjudicator may, in his discretion, direct that the whole or any part of any such fine shall, after deducting the costs, be applied towards indemnifying the party injured by the refusal or neglect but without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.
[cf. 1959 c. 22 s. 84 U.K.]

35A. Insulting behaviour
(1) If any person, in a hearing of proceedings in the tribunal—
(a) uses a threatening or insulting expression to or concerning or in the presence of the adjudicator; or
(b) behaves in an insulting manner or wilfully interrupts the hearing of proceedings,
the adjudicator may summarily sentence the person to a fine at level 3 and to imprisonment for 6 months.
(2) For the avoidance of doubt, it is hereby declared that section 50 of the High Court Ordinance (Cap. 4) applies in the case of any exercise by the adjudicator of his power under subsection (1).
(Added 28 of 1999 s. 14)

35B. Power of adjudicator to enforce payment of fine, etc.
For the purposes of enforcing the payment of any fine imposed or giving effect to any sentence of imprisonment, an adjudicator shall have the powers of a judge.
(Added 28 of 1999 s. 14)

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

36. Chief Justice may make rules
(1) The Chief Justice may make rules— (Amended 20 of 2014 s. 28)
(a) regulating the procedure for—
(i) applying for leave to appeal, and the hearing of such applications, under sections 28 and 29A;
(ii) the hearing of appeals under sections 29 and 29B; (Amended 79 of 1981 s. 10)
(b) regulating the transfer of proceedings 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. 15)
(c) providing for matters of procedure which are not provided for in this Ordinance;
(d) prescribing anything which is to be or may be prescribed;
(e) prescribing the fees and costs applicable to proceedings in the tribunal;
(f) generally for the better carrying out of the provisions of this Ordinance.
(2) Without limiting subsection (1), the Chief Justice may make rules for regulating the following matters—
(a) the deposit, payment, delivery, and transfer in, into, and out of the tribunal of money of suitors;
(b) the evidence of such deposit, payment, delivery, or transfer, and the investment of and other dealings with money in the tribunal; and
(c) the powers and duties of the registrar with reference to such money. (Added 20 of 2014 s. 28)
(3) Without limiting subsection (2), rules made under that subsection may provide for—
(a) regulating the placing on and withdrawal from deposit of money in the tribunal, and the payment or crediting of interest on money placed on deposit;
(b) determining the smallest amount of money on deposit on which interest is to be credited to an account to which money placed on deposit belongs;
(c) determining the time at which money placed on deposit is to begin and to cease to bear interest and the mode of computing such interest;
(d) determining the cases in which money placed on deposit is to begin and to cease to bear interest and the mode of computing such interest;
(e) determining the cases in which interest on money placed on deposit is to be placed on deposit; and
(f) disposing of money remaining unclaimed in the tribunal. (Added 20 of 2014 s. 28)

37. Procedure generally
Where no provision is made by this Ordinance or rules made under section 36, the practice and procedure in the tribunal shall be such as the tribunal may determine, either generally or in any particular proceeding.

38. Application to Crown
This Ordinance binds the Crown.

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

39. Immunity
(1) An adjudicator has, in the exercise of his powers or duties under this Ordinance, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that court.
(2) A witness before the tribunal shall be entitled to the same privileges and immunities as if he were a witness in civil proceedings in the Court of First Instance.
(Added 28 of 1999 s. 16)

### Small Claims Tribunal (Fees) Rules 《小額錢債審裁處(費用)規則》

1. Citation
These rules may be cited as the Small Claims Tribunal (Fees) Rules.

2. Fees
The fees specified in the Schedule shall be payable in respect of all proceedings taken in the tribunal.

3. Payment of fees
Save as otherwise provided in the Schedule, the fees specified therein shall be payable either by adhesive stamps or by causing the relevant document to be franked with the amount of the fee.

4. Power of registrar
The registrar may reduce, remit or defer payment of any fee specified in the Schedule as he may think fit in any particular case and shall, if he exercises this power, endorse on the relevant document a note of the reduction, remission or deferment and of the reasons therefor.

### Small Claims Tribunal (Forms) Rules 《小額錢債審裁處(表格)規則》

1. Citation
These rules may be cited as the Small Claims Tribunal (Forms) Rules.

2. Forms
The forms contained in the Schedule shall be used in the tribunal with such variations as the circumstances may require.

### Demolished Buildings (Re-development of Sites) Ordinance 《已拆卸建築物(原址重新發展)條例》

1. Short title
This Ordinance may be cited as the Demolished Buildings (Re-development of Sites) Ordinance.