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11 March 2022 / Dr Ping-fat Sze
Issue: 7970 / Categories: Features , Procedure & practice , International
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Hong Kong: small claims, big problem?

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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

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Laytons ETL—Maximilian Kraitt

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NEWS

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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