Small claims court as non-HK resident

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  1. #1

    Small claims court as non-HK resident

    Hello,

    I have an issue I need to take to the small claims tribunal where I will be claiming ~30k HKD. I am currently in HK as a non-resident with just under a couple months remaining on my allowed stay, so I figured now could be a good time to file my claim since the tribunal requires submitting in-person and the claimant to have a HK address. However my understanding of the small claims process is that it will take longer than 2 months to resolve the situation, and I do not plan to stay beyond 2 months. Does anyone know how I could navigate this situation?


  2. #2

    Join Date
    Jul 2016
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    65

    If counterparty would be eagerly defending itself, you're looking at 1+ year timeline to process everything. You might consider estimating your representation costs when you're not here, the hassle of dealing with it, and decide to make a settlement with lower amount instead of fighting.


  3. #3

    Join Date
    Jul 2006
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    3,646
    Quote Originally Posted by GotIt:
    If counterparty would be eagerly defending itself, you're looking at 1+ year timeline to process everything. You might consider estimating your representation costs when you're not here, the hassle of dealing with it, and decide to make a settlement with lower amount instead of fighting.
    Make sure the counterparty doesn't know you're leaving.

    Start the small claims process now, right now. The first physical stage is arbitration between yourselves requested by the small claims tribunal process (unwillingness to do so goes against you later, so it's in everyone's interest to agree to it).

    It's your best (only?) chance of salvaging some of your 30k.

    Make sure your case is very well prepared with all relevant documents printed out and relevant sections highlighted.

    You're going to need this to put the frighteners on the counterparty and install in them the need not to lose in court to you (settle instead) as you're not only going to claim for the 30K, but also damages for lost earnings blah blah ( has to be fiscal loss as small claims doesn't deal in compensation for emotional trauma and all that guff)

  4. #4

    Join Date
    Jul 2016
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    65

    Mediation session (arbitrage) will happen in 5+ months only. Your only chance is that counterparty would be impressed by small claims letter and pay you immediately , otherwise it’s a very long process.


  5. #5

    Join Date
    Aug 2007
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    953

    You can assign Power of Attorney to someone to act on your behalf.


  6. #6

    Join Date
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    Quote Originally Posted by walkup:
    You can assign Power of Attorney to someone to act on your behalf.
    As \long as its not an attorney!

    A representative of the party (but not counsel or a solicitor) may attend provided that:

    the representative can produce a letter of authorization duly signed by the party;
    permission is obtained from the Tribunal; and
    the representative is fully familiar with the case.

    https://www.judiciary.hk/en/court_se...ties/sc.html#6
    Last edited by shri; 22-06-2022 at 02:19 PM.

  7. #7

    Join Date
    Jul 2006
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    3,646
    Quote Originally Posted by walkup:
    You can assign Power of Attorney to someone to act on your behalf.
    He can, but they'll have to like him an awful lot......or be well paid - like 30k well paid.

    he could maybe do a 50/50 no-win-no-fee deal with a very good friend who fancies a challenge.