EPD3 The Use of Electronic Technology in Proceedings of the Small Claims Tribunal

E-PRACTICE DIRECTION 3

THE USE OF ELECTRONIC TECHNOLOGY IN
PROCEEDINGS OF THE SMALL CLAIMS TRIBUNAL

Introduction

1.    This e-practice direction regulates and prescribes the detailed practice and procedure to be followed in the use of electronic technology under the Court Proceedings (Electronic Technology) Ordinance (Cap. 638).

2.    This e-practice direction consists of the following parts:

(a)    scope of application;

(b)    sending of documents by registered users to the Tribunal;

(c)    issuance of documents by the Tribunal to registered users;

(d)    sending of documents by the Tribunal to registered users;

(e)    electronic service of documents; and

(f)    miscellaneous matters.

3.    In this e-practice direction:

"administrative instructions" means instructions issued under section 33(1) of the Ordinance;

"document" means anything in which information of any description is recorded, and includes any attachment that forms part of or accompanies that document;

"electronic form" means in the form of an electronic record;

"electronic record" means a record (a) generated in a digital form by an information system; (b) which can be transmitted (i) within an information system, or (ii) from one information system to another; and (c) can be stored in an information system or other medium;

"e-system" means the information system designated under section 7 of the Ordinance and is accessible at https://www.judwebportal.judiciary.hk[1];

"Ordinance" means the Court Proceedings (Electronic Technology) Ordinance (Cap. 638);

"Organization User account holder", in relation to a registered user, means an individual who, under administrative instructions, may send a document to the Tribunal by means of an e-system using the same account as the registered user;

"party" means a claimant, defendant or any person joined as a third party to any proceedings, and includes an intended party or an interested party to a set of proceedings or an application; 

"registered user" means a person who is registered as a user of an e-system under any administrative instructions issued under section 33(1) of the Ordinance;

"Rules" means the Court Proceedings (Electronic Technology) (Small Claims Tribunal) Rules (Cap. 638H);

"SCTO" means the Small Claims Tribunal Ordinance (Cap. 338);

"Tribunal" means the Small Claims Tribunal established under SCTO.

A.    Scope of application

4.    This e-practice direction applies to a claim to which the SCTO applies and for which the use of electronic technology has been implemented under a notice published under section 32(2) of the Ordinance^[2].

5.    Unless otherwise ordered by the Tribunal, this e-practice direction ceases to apply when the Tribunal makes an order under section 20 of the SCTO for the claim to be heard at the same time with another claim to which this e-practice direction does not apply.

B.    Sending of documents by registered users to the Tribunal

6.    This Part should be read together with sections 12, 14 and 18 of the Ordinance and rules 5 to 8 of the Rules which govern documents sent to the Tribunal by means of the e-system.  

7.    A party who sends a document to the Tribunal by electronic transmission must ensure that the document satisfies the technical requirements[3] set out in the administrative instructions.  

B1.    Exceptions to submission of documents by electronic transmission via the e-system

8.    Except as provided in this Part, documents sent to the Tribunal may be sent by electronic transmission via the e-system.

9.    A document required to be produced to the Tribunal in paper form may not be sent to the Tribunal by electronic transmission unless with the Tribunal's permission.

10.    Where electronic submission is not feasible or suitable, such as when the size of a document is too large or the document cannot practicably be converted into an electronic form, parties may send the document to the Tribunal in the conventional mode.

B2.    Electronic transmission of affidavits

11.    Affidavits (except affidavits proving due service of documents) sent to the Tribunal by electronic transmission via the e-system must, in addition to satisfying the technical requirements[4], also meet the conditions specified in rule 22 of the Rules.  Electronic transmission via the e-system will be rejected for any non-compliance with the rule, including a failure to append to the affidavit a clear and legible copy of the required electronic signature(s) of, for example, the deponent, attesting officer and the interpreter (if any).

B3.    Re-submission of documents

12.    The sender of a document rejected for transmission via the e-system for whatever reason is required to take appropriate remedial steps to re-send the document to the Tribunal, including making a re-transmission via the e-system.  In the event a document is accepted for submission in a subsequent transaction, the submission time as confirmed by the system will be that of the subsequent transaction and not that of the previous failed transmission(s).  Senders should take into account the processing time that may be involved when making an electronic transmission via the e-system and should avoid making last minute submission of documents.

B4.    Unsuccessful submission due to system problem with the e-system

13.    A party who has not been successful in submitting a document to the Tribunal via the e-system within a permitted period due to a system problem with the e-system may consider applying for relief from the Tribunal.

14.    An application for extension of time or relief should be made in writing stating the date and time of the unsuccessful submission, the number of unsuccessful attempts, the error message shown on the screen (if any), as well as all other material facts relevant to the application.  Where applicable, a screenshot showing the error message should be annexed to the application.  The application should also set out the order, direction or provision which prescribes the deadline for submission and the document(s) involved.

15.    It is the responsibility of a party to ensure that an electronic transmission via the e-system is received by the Tribunal within the applicable time limit, taking into account factors such as the e-system being busy at certain time of the day, pre-announced maintenance of electronic communication and information systems and possible technical failure.  Registered users should avoid making last minute submission of documents. 

B5.    Others

16.    A party who has successfully sent a document to the Tribunal via the e-system must not send a hard copy of the document to the Tribunal unless otherwise directed by the Tribunal or required by law or a practice direction.  In case of duplicate submission, the hard copy will be disregarded and only the document sent electronically will be accepted and processed.

17.    If a fee is required to be paid for the filing or sending of a document,

(a)    the party making the filing or submission must first make payment of the required fee; and

(b)    the document is taken to have been successfully submitted to the Tribunal via the e-system at the time when an initial receipt is given by the e-system after the payment transaction is completed.

18.    Notwithstanding that a system confirmation has been given, a document that does not comply with any applicable rule or practice direction and/or direction of the Tribunal, or contains material error(s) may be rejected for electronic transmission to the Tribunal.

19.    A document may be rejected for electronic transmission via the e-system if it appears to be made by a person who is subject to an applicable restrictive order made under section 27 of the High Court Ordinance (Cap. 4) or the general law.  In the event the name of the party making the submission is the same as that of someone subject to a restrictive order, the submitting party should seek to file the document in the conventional mode whereupon the Tribunal may require proof or information for identity verification to be produced, before deciding whether the filing is covered by the restrictive order.

20.    For the avoidance of doubt, the e-system may not be used as a means of effecting service of any document on the Tribunal/Adjudicator as a party or an interested party named in a proceeding.

C.    Issuance of documents by the Tribunal to registered users

21.    This Part should be read together with section 13 of the Ordinance and rule 7 of the Rules, which govern the issuance of documents by the Tribunal in electronic form by means of the e-system.

22.    Upon successful transmission of a document, the submitting party will receive an acknowledgment and a notification of the submission time.  The Tribunal will require time to process and issue the document in question.  A document which requires further manual processing and/or direction to be given by the Tribunal will be handled in the same way as a document submitted in the conventional mode. The processing time may vary, depending on the nature of the document to be issued.

23.    The Tribunal will process an urgent document in accordance with the practice adopted for such type of document submitted in the conventional mode, and will endeavor to issue the document as soon as practicable.

24.    A document to be issued by the Tribunal will be electronically sealed and affixed with a hearing date as the case may be, and sent to the submitting party via the e-system.

D.    Sending of documents by the Tribunal to registered users

25.    This Part should be read together with sections 12(1) and 13 of the Ordinance which govern the sending of documents by the Tribunal to registered users in electronic form by means of the e-system.

26.    After the Tribunal has sent a document to a registered user via the e-system, a notification message and the document will be sent to the receiving party's message box in the e-system.  A receiving party who has opted to receive additional email notification for messages sent to the e-system message box will separately receive a notification at the email account provided to the Judiciary.

27.    It is the responsibility of registered users and Organization User account holders to regularly check the e-system for documents or messages sent by the Tribunal.

28.    If a document has to be passed to a registered user by a data storage device due to its file size,  the costs of the storage device and delivery (if any) will not be charged to the registered user.

D1.    Use of printouts of documents issued or sent by the Tribunal in electronic form

29.    This Part should be read together with section 22 of the Ordinance which governs the use of printouts of documents issued or sent by the Tribunal in electronic form.

30.    For the purpose of section 22(2) of the Ordinance, a printout must comply with the following requirements:

(a)    if the document bears the seal of the Tribunal, the printout must be a coloured copy with the Tribunal seal printed in red;

(b)    the printout must be on durable paper, and in A4 size unless the nature of the document renders it impracticable;

(c)    the printout must be in the same layout and colour as the electronic version of the document; and

(d)    the printout must include all the pages of the documents, and may be printed on one side or on both sides.

E.    Electronic service of documents

31.    This Part should be read together with section 16 of the Ordinance and rules 10 to 18 of the Rules, which govern electronic service of documents between parties. 

32.    A party does not have to be a registered user or an Organization User account holder to send documents or give consent to accept service of documents by electronic transmission.

E1.    Giving of consent

33.    Written consent to accept service of documents by electronic transmission and the designation of the information system for receiving documents can be given by any means, for example, by:

(a)    completing and serving the Notice of Acceptance of Electronic Service at Annex A of this e-practice direction; or

(b)    publishing a general consent on the receiving party's webpage.

34.    A consent to accept service of documents by electronic transmission should not be subject to any condition.

35.    For the purpose of rule 14(1)(b) of the Rules, the designated information system for receiving documents must not be the e-system which does not support electronic service of documents between parties.

36.    There is no need to file the notice notifying consent to accept service of documents by electronic transmission.

37.    A notice of consent to accept service by electronic transmission takes effect at the time it is given, save that notice of consent given by post takes effect on the day of posting.

38.    A consent to accept service of documents by electronic transmission remains valid and effective until it is validly withdrawn.

E2.    Withdrawal of consent

39.    A party may withdraw the consent to accept service of documents by electronic transmission at any time.  A withdrawal of consent must be given in writing by filing and serving a Notice of Withdrawal of Consent at Annex B of this e-practice direction.

40.    A withdrawal of consent takes effect at the time the notice of withdrawal is served or deemed to have been served on the party who has previously received the consent to accept service by electronic transmission.

E3.    Change of designated information system

41.    A party may change the designated information system for receiving documents by electronic transmission at any time.  A notice of change of designated information system must be given in writing by filing and serving the Notice of Change of Designated Information System at Annex C of this e-practice direction. 

42.    The change takes effect at the time when the Notice of Change of Designated Information System is served or deemed to have been served on the party who has previously received the consent to accept service by electronic transmission.

F.    Miscellaneous matters

F1.    Electronic case file of claims

43.    For claims commenced after the e-system is implemented in the Tribunal, all documents submitted to the Tribunal, whether by electronic transmission via the e-system or by the conventional mode, will be kept in the electronic case file of the claims.  Documents that are too large or for any operational reasons considered not suitable to be kept in electronic form will be kept in the conventional mode.

F2.    Electronic Register of Claims

44.    The Register of Claims relating to all claims commenced in the Tribunal will be maintained in both the electronic form and hard copy form as provided for in Rules 4 and 4A of the Small Claims Tribunal (General) Rules (Cap. 338A).  Court users may inspect either the electronic form or the hard copy form of the Register of Claims irrespective of whether the claim concerned is an e-proceeding.  The electronic form is only available for claims commenced in the Tribunal after the implementation of the e-system.

F3.    Requirement to retain the original of authenticated affidavits

45.    A party who sends to the Tribunal by electronic transmission any of the affidavits authenticated pursuant to rule 22 of the Rules should retain the original paper form document until the final disposal of the subject claim[5] as the authenticity of the document may be challenged or required to be proved during the course of the claim. 

F4.    Electronic seal of the Tribunal

46.    An electronic seal ("e-seal") of the Tribunal may be applied to a document by:

(a)    applying a digital signature on the document electronically; and

(b)    inputting a facsimile of the seal duly approved by the Tribunal on the document electronically.

47.    An e-seal may differ in appearance from the physical seal applied to paper form documents.

F5.    Application by parties

48.    The Tribunal will notify the applicant electronically of the outcome of an application made to the Tribunal by electronic mode.  A party who has made an application should check the message box in the e-system for messages concerning the application.  A party who has opted to receive additional email notification for messages sent to the e-system message box will separately receive a notification at the email account provided to the Judiciary.

F6.    Provision of address

49.    A party required to provide an address must provide a physical or postal address.  The provision of an email address will not be sufficient to meet the requirement.

G.    Commencement date

50.    This Practice Direction shall come into effect on 31 October 2024.

Dated this 18th day of October 2024. 

Annex A

Annex B

Annex C