Hong Kong SAR — Civil Aviation Department, contract of carriage and the Carriage by Air Ordinance

The clocks it starts

• Two years for a Montreal Convention claim (Art. 35)This is the limitation period for the Convention claim for proven delay damages on international carriage, not for any national compensation scheme, which may have its own. It is fatal to the Convention claim specifically, and correspondence does not suspend it.Montreal Convention 1999, Art. 35(1) — Art. 35(1)Limitation period

What it entitles you to, beyond money

• The Small Claims Tribunal is fast, cheap and used for exactly thisThe Tribunal hears monetary claims up to HKD 75,000 with no legal representation and a filing fee of a few hundred dollars. Airline delay claims built on the conditions of carriage and receipted losses are a staple of its list, and the prospect of a hearing settles most of them.
• The Trade Descriptions Ordinance, where the conduct was misleadingThe 2012 amendments extended the Ordinance to services and prohibit misleading omissions and aggressive commercial practices. Selling a schedule the carrier had already decided not to operate, or representing a voucher as the only available remedy, is within its scope. The Customs and Excise Department enforces it.
• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)

Where to take it next

1. 01Written claim to the airlineWrite to the carrier citing the clause of its conditions of carriage that it did not honour and your itemised loss with receipts.Claim direct·typically 30 days
2. 02Consumer Council of Hong KongThe Council conciliates consumer complaints including against airlines and publishes case studies. It cannot order payment but carriers engage with it.Regulator·typically 90 days·official page
3. 03Small Claims TribunalBinding on themClaims up to HKD 75,000, no lawyers, low fee, quick listing. The most effective route in Hong Kong for a disruption claim.Small claims·typically 180 days