The Small Claims Tribunal in Hong Kong is a special court that deals with claims of small financial value. Here is an explanation of the jurisdiction of the Small Claims Tribunal in Hong Kong and why lawyers are not permitted to represent parties there.

 

The Small Claims Tribunal was established to provide individuals and small businesses with a quick, affordable and effective means of resolving low value disputes. It deals with civil cases whose value does not exceed a certain amount fixed by law.

 

The jurisdiction of the Small Claims Tribunal is limited to disputes involving monetary claims, such as disputes relating to contracts, property damage, services provided, loans, security deposits, etc. It does not have jurisdiction to deal with complex matters such as property issues, disability issues or significant commercial disputes.

 

A particularity of the Small Claims Tribunal in Hong Kong is that parties are not allowed to be represented by lawyers during hearings. This rule was put in place with the aim of making the process more informal, accessible and economical for the parties involved. This allows parties to present their case themselves without the need for expensive legal services.

 

The Small Claims Tribunal process is designed to be simpler and faster than traditional court proceedings. The parties may present their arguments orally, provide relevant documents and present witnesses if necessary. The Small Claims Tribunal adjudicator plays an active role in managing the hearing and may ask questions to the parties for clarification.

 

The reason why lawyers are not allowed to represent parties before the Small Claims Tribunal is primarily to make the process more accessible and less expensive. The cost of a lawyer's fee can often exceed the value of the dispute itself, which would make recourse to the Small Claims Tribunal uneconomical for the parties.

 

However, it is important to note that although lawyers are not permitted to represent parties in the Small Claims Tribunal, parties can still consult a lawyer for legal advice on how to prepare their case, gather evidence and understand the legal implications of their situation.

 

To date, the Hong Kong Small Claims Tribunal handles cases relating to claims up to HK$75,000