If you are involved in a claim brought in the Small Claims Tribunal, no legal representation is permitted. Although claims in the Small Claims Tribunal are generally more straightforward than those in other courts, individuals with no legal background may find the legal procedure complicated. While court staff can help you with any enquiries on court procedures, they cannot provide any legal advice or offer any assistance or comment on the conduct of specific court proceedings and cases. Moreover, you may also need to make a realistic assessment of the amount of damages that you are seeking to claim. Therefore, it may be preferable for you to obtain some professional advice and help from a lawyer to ascertain whether you have a good claim, defence and/or counterclaim. You can consult a lawyer before you attend the Tribunal.
Can I obtain any legal assistance?
If you are a consumer or part of a group of consumers involved in a matter that relates to consumer transactions (e.g. unfair and unconscionable contract terms, unmerchantable goods, false trade descriptions, false/misleading advertising claims, unreasonable exemption clauses in consumer contracts, any other case of significant consumer interest) or involves significant public interest or injustice (e.g. where other consumers may be affected if the trader in default continues to conduct business), you can apply for legal assistance under the Consumer Legal Action Fund. The Fund is run by the Consumer Council. To be eligible for the Fund, you must have already exhausted every other means of resolving the dispute that you are involved in and must be unable to qualify for legal aid. For a case that is to be tried in the Small Claims Tribunal, you must pay a non-refundable application fee of HK$100 at the time of application. If your matter is unsuccessful, you will not need to make any further payments and the Fund will pay for all your expenses and costs. However, if your matter is successful, you may be asked to pay a contribution to the Fund. You may download the application form for the Fund here.