header-logo header-logo

11 March 2022 / Dr Ping-fat Sze
Issue: 7970 / Categories: Features , Procedure & practice , International
printer mail-detail

Hong Kong: small claims, big problem?

74290
Lay litigants left behind: are small claims proceedings in Hong Kong fit for purpose? Dr Ping-fat Sze investigates
  • The Small Claims Tribunal of Hong Kong deals with over 42,000 contractual and tortious claims a year, the vast majority of which are resolved before proceeding to trial.
  • The tribunal is a popular forum for resourceful parties pursuing claims against individuals without any legal assistance.
  • It is argued that the tribunal is now ill-equipped to handle consumer disputes classified as small claims, given the complicated matters of law and fact involved.

In Hong Kong, the Small Claims Tribunal has virtually exclusive jurisdiction over most contractual and tortious claims not exceeding HK$75,000 (about £7,200). Pursuant to the Small Claims Tribunal Ordinance, proceedings in the tribunal are informal, the rules of evidence do not apply, and legal representation is excluded. The tribunal is also empowered to determine its own practice and procedure.

There are over 42,000 claims lodged with the tribunal each year, compared to approximately 10,000 civil actions filed with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Taylor Rose—Jessica Draganescu & Emily Hewlett

Taylor Rose—Jessica Draganescu & Emily Hewlett

Firm strengthens growth strategy and group litigation capability with senior hires

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll