A Short Guide To Civil Litigation Procedure In Hong Kong: Q&A

• Published date: 27 July 2021
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution, Trials & Appeals & Compensation
• Law Firm: Gall
• Author: Mr Nick Gall, Evelyn Chan and Adriel Wong

When a dispute over rights and obligations between two parties arises, the parties may commence a civil litigation. At the end of litigation, the Court will determine whether and to what extent a party's rights have been infringed, and the appropriate rWhat are the next steps after the issuance of the writ or the originating summons?emedy or compensation that party is entitled to.

Commencing civil litigation may not be as straightforward as one would think though, and the road from commencement to judgment can be long and complicated. In this Q&A, partner Evelyn Chan and Trainee Solicitor Adriel Wong provide a general overview of Hong Kong's civil litigation process so prospective litigants can be more informed before commencing proceedings.

1) Which are the various courts in Hong Kong that preside over civil disputes?

It will depend upon the nature of the claim, as well as its value. Civil courts in Hong Kong consist of:

1. The District Court;
2. The High Court (Court of First Instance and the Court of Appeal); and
3. The Court of Final Appeal.

The District Court

The District Court has limited jurisdiction over civil matters (as well as criminal matters). The types of civil claims that it hears include:

1. Contract, quasi-contract and/or tort claims with a value in excess of HK$75,000 but not more than HK$3 million;
2. Contract, quasi-contract and/or tort claims with a value in excess of HK$75,000 but not more than HK$3 million;
3. Recovery of less than 12 months of rental arrears only (known as "distress");
4. Claims in equity (for example, specific performance dissolution of a partnership and relief against fraud or mistake) Where proceedings do not relate to land, the maximum value involved shall not exceed HK$3 million. Where proceedings do relate to land the maximum value involved shall not exceed HK$7 million (and if the proceedings relate to the recovery of land or title to land the rateable value of the land must not exceed HK$320,000;
5. Matrimonial cases including divorce, maintenance, custody and adoption of children;

The High Court

The High Court comprises of two divisions - the Court of First Instance and the Court of Appeal. The Court of First Instance has unlimited jurisdiction over all civil claims. Common types of civil proceedings in the Court of First Instance include:

1. Money claims for HK$3 million or above;
2. All other claims falling outside the District Court's jurisdiction;
3. Claims that are exclusively commenced in the Court of First Instance including judicial review, winding up and bankruptcy and
4. Appeals from the Labour Tribunal and the Small Claims Tribunal (on a point of law).

The Court of Appeal hears civil (and criminal) appeals from the District Court and the Court of First Instance, as well as appeals from certain statutory bodies such as the Lands Tribunal.

The Court of Final Appeal

The Court of Final Appeal is the highest appellate court in Hong Kong. It hears appeals at the discretion of the Court of Appeal or the Court of Final Appeal in any civil matter.

In addition to the Courts stated above, there are also a number of tribunals in Hong Kong, including:

1. The Small Claims Tribunal which handles civil claims up to HK$75,000 for contract, quasi contract and tort claims;
2. The Labour Tribunal which has jurisdiction over claims arising under the Employment Ordinance;
3. The Lands Tribunal which has jurisdiction over various claims relating to land; and
4. The Market Misconduct Tribunal which deals with matters relating to market misconduct (for example, insider dealing, false trading and price rigging).

2) Are there any deadlines for bringing a claim?

Limitation periods stipulated under the Limitation Ordinance (Cap. 347) apply. The actual limitation period depends upon the type of case:

1. For contract claims (except where the contract is under seal) 6 years from the date of breach of contract.
2. For contract under seal claims: 12 years from the date of breach of contract.
3. For personal injuries and fatal accidents
   • Personal injury claims: generally 3 years from the date of the accident, or the date of knowledge of the injury by the plaintiff whichever is the later. If the injury occurred in...