Yes, you can appeal against the decision or apply to the Tribunal for review.
An application for review must be made within 7 days after the date of the court order or award. The application requires you to submit Form 8C “Application for Review of an Award / Order by a Party” and reasons in support must be set out in the said application for review. If you are not satisfied with the outcome of the review, you may apply to the Court of First Instance of the High Court for leave to appeal.
If you appeal a decision handed down by the Small Claims Tribunal, it will be heard by the Court of First Instance. If you are still unsatisfied with the outcome made by the Court of First Instance in the appeal, you can appeal again. Your case will then be heard by the Court of Appeal.
If you appeal to the Court of First Instance, it must be filed within the prescribed time limit and it is better that you hire a lawyer or apply for legal aid if you are unable to afford the high cost of hiring a lawyer. If you engage a lawyer, you will be able to obtain some professional advice and help from them to ascertain whether you have good grounds for appeal.
Also, note that the leave to appeal will not be granted unless:
- the appeal involves a question of law, or
- the claim/ counterclaim is outside the jurisdiction of the Tribunal
If your application for leave to appeal is refused by the Court of First Instance such decision is final and no further application can be made by the applicant.
For civil cases, the Legal Aid Department provides representation by a solicitor and (where necessary) a barrister to eligible applicants. Legal aid is available to anyone in Hong Kong, whether they are Hong Kong residents or not. Generally, legal aid will be granted if the applicant satisfies both the financial means test and the case merits test. The two legal aid schemes available to parties involved in civil cases are the Ordinary Legal Aid Scheme and the Supplementary Legal Aid Scheme. For more information about obtaining legal aid, you may visit the Legal Aid Department’s website at https://www.lad.gov.hk/eng/home/home.html.