Can I appeal a decision handed down by the Small Claims Tribunal?

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 … Read more

What should I do if I am being sued at the Small Claims Tribunal?

If you are being sued at the Small Claims Tribunal, you would have already received the claimant’s claim from the Tribunal. From that, there are different ways that you can respond to the claim depending on whether you agree or disagree with the claim: If you agree to pay whole or part of the amount … Read more

Can I obtain any legal assistance at the Small Claims Tribunal?

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 … Read more

What is the usual legal procedure of a case at the Small Claims Tribunal?

The Small Claims Tribunal handles claims for money not exceeding HK$75,000 and the proceedings are quick and informal. Parties to the dispute are also not allowed to have any legal representation, though they can consult a lawyer before they attend the Tribunal. There are no rules on the presentation of evidence as strictly as most … Read more

How do I make a claim at the Small Claims Tribunal?

If you are involved in a dispute and you wish to make a claim against the other party, you may do so at the Small Claims Tribunal. The Tribunal handles claims for money not exceeding HK$75,000 in a quick and informal manner. Nevertheless, you can still bring a claim not exceeding HK$75,000 by abandoning any … Read more

How should I handle a workplace injury as an employer?

If your employee gets injured at work due to an accident arising out of and in the course of employment, you are generally liable to pay compensation to them pursuant to the Employees’ Compensation Ordinance (Cap. 282). Nevertheless, both you and your employee bear certain responsibilities when an accident has occurred. Employees’ responsibilities To ensure … Read more

If my employee sustains a work-related injury that was partly caused by his/her own negligence and partly my fault, would the compensation be reduced? If so, how would the percentage or level of such a reduction be determined?

When a person suffers injury or damage partly due to his/her own fault and partly due to another person’s fault, there may have been contributory negligence. Contributory negligence refers to when the claimant contributes towards the cause of the accident. However, contributory negligence is not for the claimant to raise and prove. The defendant is … Read more

My employee got injured at work. Is the legal procedure for my employees’ compensation claim against myself the same as the legal procedure for his/her personal injury claim regarding the same injury against the other relevant parties? Can my employee make these two claims simultaneously?

If your employee is injured at work and they wish to claim against you for employees’ compensation as well as to claim against other relevant parties for personal injury, the legal procedures for the two claims are different. For work-related injuries, the Employees’ Compensation Ordinance (Cap. 282) governs the relevant legal procedure for employees’ compensation. … Read more