Preparing supporting documents for a Hong Kong civil claim
Supporting documents are prepared by reference to the forum that will hear your claim, not from one general checklist. In writing, the Judiciary states two separate requirements: in the Small Claims Tribunal, each party must collect evidence to support his case, and in the District Court a statement of claim has to be verified with a statement of truth under Order 41A of the Rules of the District Court.
Start by fixing the forum
Identify which court or tribunal will hear the claim.
Then read that forum’s own Judiciary page.
The two passages cited here address the Small Claims Tribunal and District Court respectively. This article has not checked High Court or other forum requirements; use that forum’s current guidance before preparing its filing.
Small Claims Tribunal: each party collects his own evidence
The Small Claims Tribunal page puts the obligation plainly: “Each party to the proceedings must collect evidence to support his case. Generally speaking, the burden of proof is on the party who makes the allegation, but this is always subject to the directions of the Adjudicator, which may order the other party to adduce the evidence.”
Three things follow from that sentence.
First, collection is your own task. Do not hold back a document because you expect the other side to produce it.
Second, the burden generally tracks the allegation. If you assert something, you carry it, so your document list should be built outwards from your own assertions rather than from the other party’s conduct.
Third, that starting position is not fixed. The Adjudicator may order the other party to adduce evidence, but that comes from a direction in your case, so it cannot be assumed in advance when you decide what to prepare.
District Court: verify the statement of claim
The District Court page states: “You have to verify the statement of claim with a statement of truth in accordance with Order 41A of the Rules of the District Court.”
This is a requirement about the statement of claim in that court. It is not stated as a rule covering every document filed in every civil court.
Practically, verification sits at the end of preparation rather than the beginning. Before verification, identify the evidence supporting each allegation and any unresolved gaps. A supporting document is one possible form of evidence; the cited passage does not require a document for every allegation.
The two requirements side by side
| Forum | What the Judiciary page states | Limit of that statement |
|---|---|---|
| Small Claims Tribunal | Each party must collect evidence to support his case; the burden of proof generally falls on the party making the allegation | Always subject to the Adjudicator’s directions, which may order the other party to adduce the evidence |
| District Court | The statement of claim must be verified with a statement of truth under Order 41A of the Rules of the District Court | Stated for the statement of claim on that court’s page, not for all civil documents |
A working order
- Identify the court or tribunal that will hear your claim.
- Open that forum’s own page on the Judiciary website.
- Write down the facts you are alleging, one per line.
- List the available evidence beside each allegation.
- Mark allegations with missing or uncertain supporting evidence.
- Check whether the missing document is held by the other party.
- Raise missing documents with the Adjudicator or the court and ask for directions.
- Check the forum’s page or its directions for how the documents must be filed.
- Prepare the statement of truth for the statement of claim if your claim is in the District Court.
- Keep your set updated as directions are given.
What the official pages do not settle
The two passages quoted here do not establish paper or electronic formats, copy counts, page limits, translation requirements or filing deadlines. Check the full current forum rules and any directions in your case.
This article has not verified High Court, magistrates’ court or other tribunal requirements. If your claim is outside the two fora discussed, use that forum’s own current materials.
Treat the position in this article as a starting point only. The cited Small Claims Tribunal passage makes the general burden position subject to the Adjudicator’s directions. For another forum, check its own rules and the directions in your case.