| Chapter: | 338D | SMALL CLAIMS TRIBUNAL (SUITORS' FUNDS) RULES | Gazette Number | Version Date |
| | Empowering section | | 30/06/1997 |
| (Cap 338 section 36) | |
| | [27 October 1978] |
| (Originally L.N. 250 of 1978) | | |
| Rule: | 1 | Citation | | 30/06/1997 |
These rules may be cited as the Small Claims Tribunal (Suitors' Funds) Rules. | Rule: | 2 | Interpretation | L.N. 247 of 2000 | 01/09/2000 |
In these rules, unless the context otherwise requires
"funds" (儲存金) means money standing in or to be placed to the registrar's account;
"order" (命令) means an award or order of the tribunal or, in case of an appeal, of the Court, and includes any allocation by an adjudicator of the amount of an award;
"registrar" (司法常務官) means the Registrar of the District Court; (28 of 2000 s. 47)
"tribunal" (審裁處) means the Small Claims Tribunal. (21 of 1999 s. 17) | Rule: | 3 | Payment into the tribunal | | 30/06/1997 |
(1) All funds to be paid into the tribunal shall be paid to the registrar. - (2) Except where the circumstances otherwise require, the registrar shall pay any funds paid into the tribunal to an account which may be interest earning or not (to be called the Small Claims Tribunal Suitors' Funds Account) at such bank as the Director of Accounting Services shall direct.
(1) The registrar shall give a receipt to any person by whom funds are paid into the tribunal.
- (2) A receipt given under this rule shall be as nearly as may be in Form 1 in the Schedule hereto and shall contain particulars sufficient to identify the payment to which it relates and a statement of such of the following circumstances as may be applicable-
- (a) paid in on behalf of defendant (name of party) in satisfaction of claim of the above-named (name of party);
- (b) paid in under order dated the day of 19 ;
- (c) paid in to security for costs account on behalf of (name of party).
- (1) The registrar shall keep appropriate accounts in respect of all funds paid into the tribunal and of all dealings relating thereto.
(2) No account kept by the registrar under this rule shall be credited with any sum by way of interest.
- (1) Funds paid into the tribunal may be paid out by cheque or in cash as the registrar may direct and, in the case of payment by cheque, the cheque shall be signed by 2 persons authorized in writing by the registrar from time to time. (L.N. 344 of 1980)
- (2)
- Payment out may be made at the offices of the tribunal on any week-day, not being a Saturday or general holiday, between the hours of 10.00 a.m. and 1.00 p.m. and between the hours of 2.00 p.m. and 4.00 p.m.; and on any Saturday (not being a general holiday) between the hours of 10.00 a.m. and 12 noon.
| Rule: | 4 | Registrar to give receipt | | 30/06/1997 |
| Rule: | 5 | Registrar to keep accounts | | 30/06/1997 |
| Rule: | 6 | Payment out of funds in the tribunal | | 30/06/1997 |
Cap 338D - SMALL CLAIMS TRIBUNAL (SUITORS' FUNDS) RULES | Rule: | 7 | Payment out on death of person entitled | | 30/06/1997 |
Where the registrar is satisfied that any person entitled under rule 6 to payment out of funds has died, the registrar may pay out such funds (or any portion thereof remaining unpaid at the date of the death of the deceased) as follows- - (a)
- the registrar may pay out such funds to the legal personal representatives of the deceased or, if it appears that any such personal representative had died, to the survivor or survivors of them;
- (b)
- where it appears to the registrar that the deceased died intestate having assets not exceeding the value of $5000 including the amount of such funds, and if administration has not been granted in respect of his estate, the registrar may pay out such funds to the person who (being the spouse, child, father, mother, brother or sister of the deceased) would have the prior right to a grant of administration of the estate, upon a declaration by such person in Form 2 in the Schedule hereto.
| Rule: | 8 | Transfer of interest to general revenue | | 30/06/1997 |
The registrar shall, at the end of each financial year or so soon thereafter as may be practicable, pay into the general revenue of Hong Kong any interest that has been credited to the Small Claims Tribunal Suitors' Funds Account. | Rule: | 9 | Transfer of unclaimed funds to general revenue | | 30/06/1997 |
- (1)
- Where any funds paid into the tribunal remain unclaimed for a period of five years after the date of payment into the tribunal, the Chief Justice may, on application by the registrar, direct that such funds shall be paid into the general revenue of Hong Kong. (L.N. 197 of 1983)
- (2)
- Before giving any direction under paragraph (1), the Chief Justice may direct that such notice, if any, as he thinks necessary shall be given in such manner and to such persons as he may so direct.
- (1)
- The registrar shall in each year cause to be prepared for the period of twelve months ending on the 31st March in that year a statement of the accounts kept by him under rule 5, and such statement shall- (L.N. 446 of 1994)
- (a)
- include a receipts and payments account and a statement of assets and liabilities; and
- (b)
- be signed by the Registrar of the High Court. (25 of 1998 s. 2)
| Rule: | 10 | Annual statement of accounts and audit | 32 of 2000 | 09/06/2000 |
(2) (Repealed 32 of 2000 s. 23) | Schedule: | | SCHEDULE | | 30/06/1997 |
FORM 1 [rule 4(2)] SMALL CLAIM TRIBUNAL (SUITORS' FUNDS) RULES Receipt IN THE SMALL CLAIM TRIBUNAL (Title of cause or matter. No. of 19 ). Ledger account
Cap 338D - SMALL CLAIMS TRIBUNAL (SUITORS' FUNDS) RULES
(if the same as the cause, state as above). Received from the sum of (Signature) Registrar. Dated this day of 19 .
FORM 2 [rule 7] SMALL CLAIM TRIBUNAL (SUITORS' FUNDS) RULES Declaration IN THE SMALL CLAIMS TRIBUNAL (Title of cause or matter. No. of 19 ). Ledger account (if the same as the cause, state as above). I (name and address of applicant) solemnly and sincerely declare that I am the (degree of relationship) and next or one of the next of kin of (name of deceased) and that I am entitled to take out administration to his estate and to receive the sum of $ directed to be paid to him by the order dated the 19 . And I further declare that the total value of the assets of the deceased including the above sum does not exceed $5000, and I certify that the death-bed and funeral expenses of the deceased have been paid; and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths and Declarations Ordinance, Chapter 11. (Signature of applicant) Declared at Before me this day of 19 . (Signature) Notary public, or other authorized officer. (47 of 1997 s. 10)
Cap 338D - SMALL CLAIMS TRIBUNAL (SUITORS' FUNDS) RULES