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

3. Establishment of tribunal
(1) There is hereby established a tribunal to be known as the Small Claims Tribunal and to be known in the Chinese language as “小額錢債審裁處”.
(2) The tribunal, which shall consist of such adjudicators and deputy adjudicators as may be appointed under this Ordinance, shall be a court of record with such jurisdiction and powers as are conferred on it by this or any other Ordinance. (Amended 21 of 1999 s. 15)
(3) All proceedings in the tribunal shall be heard and determined by an adjudicator or a deputy adjudicator sitting alone. (Amended 21 of 1999 s. 15)
(4) The tribunal shall have a seal of a design approved by the Chief Justice, and all awards, orders, summonses, and other processes of the tribunal shall be sealed therewith.

4. Appointment of adjudicators
(1) The Chief Executive shall appoint such number of adjudicators as he considers necessary. (Amended 25 of 1998 s. 2)
(2) (Repealed 10 of 2005 s. 151)(3) An adjudicator shall be known in the Chinese language as “審裁官”.
(4) Subject to subsection (5), an appointment made under subsection (1) may be given retrospective effect.
(5) No person appointed as an adjudicator shall discharge any judicial function before the date of the instrument by which he is appointed or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap. 11) have been fulfilled.

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

4AA. Professional qualifications of adjudicators
(1) A person shall be eligible to be appointed as an adjudicator if—
(a) he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and
(b) since becoming so qualified, he has for a period of or periods totalling not less than 5 years—
(i) practised as a barrister, solicitor or advocate in such a court;
(ii) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap. 87);
(iii) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap. 91);
(iv) been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap. 6); or
(v) been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap. 412). (Amended 26 of 2012 s. 42)
(2) For the purposes of calculating the period of 5 years referred to in subsection (1)(b)—
(a) periods of less than 5 years falling within any of the subparagraphs of that subsection may be combined;
(b) periods served in an office specified in Part I of the First Schedule to the repealed Registrar General (Establishment) Ordinance (Cap. 100) may be taken into account notwithstanding the repeal of that Ordinance.
(Added 10 of 2005 s. 152)

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

4A. Appointment and powers of deputy adjudicators
(1) If the Chief Justice considers it desirable so to do, he may appoint a person who is eligible under section 4AA to be appointed as an adjudicator to be a deputy adjudicator for such period as the Chief Justice may think fit. (Amended 10 of 2005 s. 153)
(2) Subject to the terms of appointment, a deputy adjudicator shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and perform all the duties of the office of adjudicator and any reference in any law to an adjudicator shall be construed accordingly. (Amended 21 of 1999 s. 16)
(2A) Every appointment made in accordance with this section may be terminated by the Chief Justice at any time. (Added 21 of 1999 s. 16)
(3) Where the hearing of any proceedings duly commenced before a deputy adjudicator is adjourned or where judgment is reserved therein or is subject to review, the deputy adjudicator shall have power to resume the hearing and determine the proceedings or to deliver as the judgment of the tribunal the judgment which he has reserved or to review the judgment or decision which he has given if such review is otherwise authorized, as the case may be, notwithstanding that before the hearing is resumed or judgment is delivered or the review is disposed of, his appointment has expired or has been terminated.
(4) For the purposes of subsection (3), the power of a deputy adjudicator to determine the proceedings in a resumed hearing includes the power of awarding costs and the making of any order ancillary to or consequential upon the award of costs. (Added 21 of 1999 s. 16)
(Added 14 of 1986 s. 3)

5. Jurisdiction of the tribunal
(1) The tribunal shall have jurisdiction to hear and determine the claims specified in the Schedule.
(2) Save as provided in this Ordinance, no claim within the jurisdiction of the tribunal shall be actionable in any other court in Hong Kong.
(3) A claim within the jurisdiction of the tribunal may be brought in another court if there is included in such claim a claim for some other relief, redress or remedy, other than a claim for costs.
(4) Subject to the Limitation Ordinance (Cap. 347), the jurisdiction of the tribunal shall extend to a claim which arose before the commencement of this Ordinance.

6. Power to amend Schedule
The Legislative Council may, by resolution, amend the Schedule.

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

7. Transfer of claims
The tribunal may at any stage of proceedings in the tribunal, either of its own motion or upon the application of any party, transfer the proceedings to the Board, the Labour Tribunal, the Lands Tribunal, the District Court or the Court of First Instance, whereupon the practice and procedure of the Board, the Labour Tribunal, the Lands Tribunal, the District Court or the Court of First Instance, as the case may be, shall apply.
(Amended 92 of 1975 s. 59; 25 of 1998 s. 2; 28 of 1999 s. 3)

8. Division of causes of action
No claim shall be split or divided and pursued in separate proceedings in the tribunal for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of the tribunal.

9. Abandonment of part claim to give tribunal jurisdiction
(1) Where a claimant has a claim 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 claimant may abandon the excess, and thereupon the tribunal shall have jurisdiction to hear and determine the claim, so, however, that the claimant shall not recover in the claim an amount exceeding that mentioned in paragraphs 1 and 2 of the Schedule. (Amended 79 of 1981 s. 2; 14 of 1986 s. 4; 49 of 1988 s. 2)
(2) Where the tribunal has jurisdiction to hear and determine a claim by virtue of this section, the award of the tribunal on the claim shall be in full discharge of all demands in respect of the claim, and judgment shall be deemed to be entered accordingly.
[cf. 1959 c. 22 s. 41 U.K.]