The Small Claims Affidavit is a crucial document in Hong Kong's legal system, specifically designed for use in the Small Claims Tribunal for monetary disputes not exceeding HK$75,000. This document type is commonly used when informal resolution attempts have failed and formal legal action is necessary. The affidavit must be prepared in accordance with the Small Claims Tribunal Ordinance (Cap. 338) and related rules, requiring detailed information about the claim, supporting evidence, and proper sworn authentication. It serves as the primary method for presenting evidence in small claims cases, making it essential for both individuals and businesses seeking to recover relatively small amounts through the Hong Kong legal system. The document's format and content are strictly regulated to ensure consistency and fairness in the tribunal's proceedings.
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1. Title and Header: States 'SMALL CLAIMS TRIBUNAL' and the case number (if assigned), followed by the names of the parties (Claimant and Defendant)
2. Deponent Information: Full name, occupation, and address of the person making the affidavit
3. Capacity Statement: Statement explaining the deponent's relationship to the case (e.g., whether they are the claimant or acting on behalf of a company)
4. Facts of the Claim: Chronological narrative of events giving rise to the claim, with each paragraph numbered and containing a single fact or point
5. Amount Claimed: Clear statement of the exact amount being claimed and how this amount has been calculated
6. Attempts at Resolution: Description of attempts made to resolve the dispute before bringing it to the tribunal
7. Verification Statement: Standard declaration that the contents of the affidavit are true to the best of the deponent's knowledge and belief
8. Jurat: Formal closing section stating when and where the affidavit was sworn, with space for signature and commissioner for oaths' details
1. Corporate Authorization: Required only when the claim is made on behalf of a company, including details of the deponent's authority to act
2. Translation Certificate: Required when any attached documents are not in English or Chinese, certifying the accuracy of translations
3. Service Details: If relevant, details of how and when documents were served on the other party
4. Limitation Period Statement: Required when the claim relates to events that occurred more than 6 years ago, explaining why the claim should still be allowed
1. Exhibit List: Numbered list of all documents referred to in the affidavit, with each exhibit marked appropriately (e.g., 'Exhibit A', 'Exhibit B')
2. Supporting Documents: Copies of relevant contracts, correspondence, receipts, invoices, or other documentary evidence referenced in the affidavit
3. Calculation Schedule: Detailed breakdown of the claimed amount, including any interest calculations if applicable
4. Photographs: If relevant to the claim, properly labeled photographs of damaged goods, property, or other physical evidence
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