HKSI Paper 1 Hong Kong law and the Companies Ordinance question: Small Claims Tribunal and legal representation

HKSI Paper 1Hong Kong law and the Companies Ordinance

Ng Mei Ling wants to recover HK$42,000 from an online seller for a defective laptop. She plans to instruct a solicitor to present her case at the hearing. Where should she file, and can the solicitor appear?

A In the Small Claims Tribunal, where her solicitor may appear for her if the seller agrees in writing
B In the District Court, because consumer claims over HK$30,000 must be filed there with lawyers
C In the Labour Tribunal, which hears small consumer claims and allows representation by solicitors
D In the Small Claims Tribunal, where solicitors and counsel have no right of audience at the hearing

Show the answer and explanation

Answer: D. In the Small Claims Tribunal, where solicitors and counsel have no right of audience at the hearing

The Small Claims Tribunal hears money claims up to HK$75,000 (limit since December 2018). Under s.19 of the Small Claims Tribunal Ordinance (Cap. 338) only the parties and certain other persons have a right of audience, and a representative may appear with leave only if he or she is not counsel or a solicitor. The other party's consent cannot change this. The District Court's civil jurisdiction starts above HK$75,000, not HK$30,000. The Labour Tribunal deals with employment disputes, not consumer claims. Source: Small Claims Tribunal Ordinance (Cap. 338) s.19; Judiciary guide (judiciary.hk); LegCo reply 21 May 2025 on the HK$75,000 limit (as at October 2026).

Common mistake

Candidates assume any party may hire a lawyer; tribunals such as the Small Claims Tribunal deliberately exclude legal representation.

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