LABOUR TRIBUNAL ORDINANCE

LABOUR TRIBUNAL ORDINANCE

LAWS OF HONG KONG

LABOUR TRIBUNAL ORDINANCE

CHAPTER 25





CHAPTER 25

LABOUR TRIBUNAL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ...........................3
2. Interpretation ........................3

PART I

CONSTITUTION OF
TRIBUNAL

3. Establishment of tribunal .............4
4. Appointment of presiding officers .....4
5. Tribunal officers .....................5
6. Officers of the tribunal ..............5

PART III

JURISDICTION

7. Jurisdiction of tribunal ..............5
8. Power to amend Schedule ...............5
8A. Bankruptcy petitions and petitions for winding up 6
9. Limitation ............................6
10. Declining jurisdiction ...............6

PART IV

COMMENCEMENT OF
PROCEEDINGS

11. Filing claims ........................7
12. Contents of claims ...................7
13. Service of claim and notice of hearing 7
14. Inquiries by tribunal officer ........8
15. Conciliation certificate to be filed .9

PART V

PRACTICE AND
PROCEDURE

16. Presiding officers etc. to prevent delay to the prejudice of claimant 10
17. Place of hearing .....................10
18. Hearing to be in public unless otherwise ordered 10
19. Keeping of summary of evidence, etc . 10
20. Hearing to be informal ...............11





Section.................................... Page
20A....................Failure of claimant to appear at hearing 11
21. Hearing of claim in absence of defendant 11
21A...........Setting aside award or order made in absence of defendant 11
22. Decision to be announced at conclusion of hearing if possible 11

23.................Right of audience ...........................12

24.............Claims may be joined ......................... 12

25.............................Representative claims 13
26................................Joint defendants 13
27....................................Evidence 14
28.....................................Costs 14
29.........................Frivolous or vexatious claims 14
30..................................Adjournments 15

PART VI

REVIEW AND
APPEAL

31..........................Review of awards and orders 15
32........................Leave to appeal on point of law 15
33...................................(Repealed) 16

34.............(Repealed) ................ 16

35.........................Powers of High Court on appeal 16
35A..........................Appeal to Court of Appeal 16
35B...................Powers of the Court of Appeal on appeal 17
36..............................Procedure on appeal 17
37.....................Stay of execution on review or appeal 17

PART VII

MISCELLANEOUS

38.............Awards and orders may be registered in District Court 17
39.........................Interest on claims and awards 18
40................................Payment of award 18
41.....................Interference with witness and perjury 18
42..............................Insulting behaviour 19

43. Punishment of witness for non-attendance and of person for non-production

of document .........................19

44. Punishment for refusal to comply with request by tribunal officer to produce

document and for obstruction of tribunal officer 19
45..........................Chief Justice may make rules 20
45A.........Power of presiding officer to enforce payment of fine, etc . 20

46................Procedure generally ..... 20

Schedule .
........................................................................................................................ 21





CHAPTER 25

LABOUR TRIBUNAL

To establish a tribunal having limited civil jurisdiction, to be known as the Labour
Tribunal, and to make provision for the jurisdiction, procedure, and practice
thereof and for matters connected therewith.

[1March1973] L.N.35of.1973

Originally 16 of 1972 22 of 1973,39 of 1973, 10 of 1974,29 of 1974, L.N. 142 of 1974, L.N.
178 of 1974,92of]975,8of]976,25of]976,54of]977,4]of]979,L.N.377of]90,40of]981,79
of]981,7]of]982,R.Ed.1982,140f1984,50f1986;49of]988.z.,,j37-61~,

PART 1

PRELMINARY

1. Short title

This Ordinance may be cited as the Labour Tribunal Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

,authorized officer' means a public officer who has been authorized by the
Commissioner under section 6(5) to assist in conciliation under this Ordinance;

'claim' means a proceeding before the tribunal between a claimant and a defendant;

'claimant' means a person seeking relief other than

(a)a defendant entering a counterclaim; and

(b)a person who is being represented in a representative claim;

'Commissioner' means the Commissioner for Labour; (Amended L.N. 142 of 1974)

'conciliation' means a discussion or action initiated or undertaken by an authorized
officer for the purpose of reaching a settlement of a claim;

'contract of employment' means

(a)an agreement, whether express or implied by law, whereby one person
agrees to employ another and that other agrees to serve his employer
as an employee whether payment is to be on a price, task or time basis
and wherever the services are to be rendered; and





(b)a contract of apprenticeship;

'defendant' means a person against whom relief is sought by a claimant other than

(a)a claimant against whom relief is sought by way of counterclaim;

(b)a person who is being represented in a representative claim;

,,employee' means a person who has agreed to serve as an employee under a
contract of employment;

'party' means a claimant or defendant and any person joined as a third party;

'presiding officer'' means a presiding officer appointed under section 4;

'registrar' means the Registrar of the Labour Tribunal;

'representative claim' means a claim brought in the name of one claimant on behalf
of himself and one or more other claimants;

'tribunal' means the Labour Tribunal established by section 3 and a presiding
officer appointed under section 4;

'tribunal officer' means a tribunal officer appointed under section 5.

PART 11

CONSTITUTION OF TRIBUNAL

3. Establishment of tribunal

(1) There is hereby established a tribunal to be known as the Labour Tribunal
which shall be a court of record with such jurisdiction and powers as are conferred
on it by this and any other Ordinance.

(2) All proceedings in the tribunal shall be heard and determined by a presiding
officer sitting alone.

(3) The tribunal shall have a seal of a design approved by the Chief Justice, and
all awards, summonses, and other processes of the tribunal shall be sealed therewith.

4. Appointment of presiding officers

(1) The Governor may appoint one or more presiding officers, who shall
constitute the tribunal.

(2) Subject to subsection (3), an appointment made under subsection (1) may
be given retrospective effect.

(3) No person appointed as presiding officer shall discharge any judicial
function before the date of the instrument by which he is appointed or before the
requirements of section 17 of the Oaths and Declarations Ordinance

(Cap. 11) have been fulfilled. (Amended 22 of 1973s.2) (cf. Cap. 336 s. 4)





5. Tribunal officers

The Governor may appoint such number of tribunal officers as he may think fit,
who shall exercise such powers and perform such duties as are conferred on them by
this and any other Ordinance.

6. Officers of the tribunal

(1) There shall be attached to the tribunal a registrar and such number of deputy
or assistant registrars, bailiffs, clerks, interpreters and other officers as the Governor
may consider necessary.

(2) In addition to the powers and duties conferred or imposed by this and any
other Ordinance, the registrar, any deputy or assistant registrar, bailiff, clerk,
interpreter and other officer attached to the tribunal may exercise such powers and
perform such duties, insofar as the same are applicable to the business of the
tribunal, as those exercised or performed by the Registrar, deputy registrar, assistant
registrar, bailiff, clerk, interpreter or other officer attached to the Supreme Court.
(Amended 92 of 1975 s. 58)

(3) Any act which under this or any other enactment is required or authorized
to be done by the registrar may be performed by a deputy registrar or assistant
registrar of the tribunal and any process of the tribunal may be executed by any
bailiff thereof notwithstanding that it may have been directed personally to some
other bailiff.

(4) In exercise of his powers and performance of his duties under this
Ordinance, a person to whom this section applies shall be subject to the same
liabilities and penalties and have the benefit of the same protection as attached by
virtue of the Supreme Court Ordinance (Cap. 4) to a person exercising or performing
similar powers or duties under that Ordinance.

(5) The Commissioner may authorize any public officer to assist in conciliation
under this Ordinance.

PART III

JURISDICTION

7. Jurisdiction of tribunal

(1) The tribunal shall have jurisdiction to inquire into, hear and determine the
claims specified in the Schedule.

(2) Save as is provided in this Ordinance, no claim within the jurisdiction of the
tribunal shall be actionable in any court in Hong Kong.

8. Power to amend Schedule

The Legislative Council may, by resolution, amend the Schedule.





8A. Bankruptcy petitions and petitions for winding up

(1) The tribunal shall not have jurisdiction to inquire into, hear or determine

(a)any claim brought by way of a bankruptcy petition under the
Bankruptcy Ordinance (Cap. 6) or by way of a petition for winding up
under the Companies Ordinance (Cap. 32); or

(b)any claim submitted to proof in a bankruptcy or winding up under
those Ordinances.

(2) An order of a court made on or after 1 March 1973 on a petition mentioned in
subsection (1), and anything done under the order, including any decision on a claim
submitted to proof, shall not be invalid by reason only that the claim upon which the
petition was founded or the claim submitted to proof was within the jurisdiction of
the tribunal.

(Added 40 of 1981 s. 2)

9. Limitation

(1) Subject to subsection (2), the tribunal shall not have jurisdiction to inquire
into or determine a claim or part of a claim if the cause of action arose more than 12
months before the date on which the claim is filed, unless the parties to the claim, by
a memorandum signed by them and filed with the registrar, have agreed that the
tribunal shall have jurisdiction. (Amended 41 of 1979s.2)

(2) When the cause of action in a claim arose partly before and partly after the
12 month period of limitation prescribed by subsection (1), the tribunal may, with the
consent of the parties, sever that part of the claim over which it has no jurisdiction
and hear and determine the part over which it has jurisdiction. (Amended41of 1979s.2)

(3), Nothing in this section shall preclude the institution of proceedings in the
High Court or in the District Court in respect of a claim which, by reason of the
expiration of the limitation period prescribed by subsection (1), is not actionable in
accordance with this Ordinance.

10. Declining jurisdiction

(1) The tribunal may, at any stage of proceedings, if it is of the opinion that for
any reason the claim should not be heard and determined by it, decline jurisdiction.

(2) The tribunal may, when it declines jurisdiction under subsection (1), transfer
the claim to the High Court or the District Court, in such manner as may be
prescribed.





PART IV

COMMENCEMENT OF
PROCEEDINGS

11. Filing claims

(1) A proceeding in the tribunal shall be commenced by filing a claim with
the register.

(2) Subject to subsection (3), a claim shall be in writing in the prescribed form, in
either the English or Chinese language, and shall be signed by the claimant.

(3) The registrar may permit a claim to be made orally and shall cause it to be
reduced to writing, in the language in which it is made, and shall supply a copy
thereof to the claimant.

(4) Subject to subsection (5), a claim shall be signed by each claimant and
person represented as being correct to the best of his knowledge and belief

(5) In any joint or representative claim

(a)the registrar may permit the claim to be filed if it has not been signed
by all the claimants or persons represented named therein on
condition that all such claimants or persons will do so before the date
of hearing; and

(b)the name of a claimant or person who has not so signed the claim
before it is heard may, if the presiding officer so directs, be struck out
of the claim and the amount of the claim reduced accordingly.

12. Contents of claims

A claim shall contain

(a)the name and address of each claimant, and, in the case of a
representative claim, the name and address of each person
represented;

(b)the name and address of each defendant;

(c)the sum of money claimed by each claimant or person represented;

(d)such particulars of the claim as shall be reasonably sufficient to inform
the defendant of the grounds for the claim and of the manner in which
the amount claimed by each claimant or person represented has been
calculated.

13. Service of claim and notice of bearing

(1) The registrar shall, when a claim has been filed

(a)fix a place and date for hearing of the claim which shall, unless the
parties otherwise agree, be not earlier than 10 days nor later than 30
days from the filing of the claim; and





(b)cause a copy of the claim, together with a notice in the prescribed
form of the date and place of hearing, to be served on every
defendant to the claim in the manner prescribed under subsection (2).

(2) Service of a copy of the claim and of a notice of hearing

(a)shall be carried out by such person as may be appointed by the
registrar for this purpose; and

(b)shall be effected-

(i) by delivering them personally to the defendant;

(ii) by leaving them with some person for him at his last known place
of residence or at his place of business; or

(iii) in such other manner as may be directed by the registrar.

(3) The registrar shall, if the presiding officer has specified a period under
section 14(2)(b) or (e), and the registrar has been notified, fix a new date of hearing
to take account of that period and notify the defendant of the new date of hearing in
the manner prescribed by subsection (2).

14. Inquiries by tribunal officer

(1) When a claim has been filed, the registrar shall forward a copy thereof to a
tribunal officer, who shall prepare a summary of facts relating to the claim.

(2) The tribunal officer shall, if he is unable to complete the inquiries necessary
for the preparation of the summary of facts relating to the claim within 10 days from
the filing of the claim, forthwith so inform the presiding officer, who shall, subject to
section 16, direct the tribunal officer to

(a)cease to inquire further into the facts of the claim and prepare the
summary of facts;

(b)complete the inquiries within such further period as may be specified
by the presiding officer; or

(c)continue his inquiries and report thereon to the presiding officer
within such period as may be specified by the presiding officer,

and shall notify the registrar of any period specified by him under paragraph (b) or
(c).

(3) A summary of facts prepared by a tribunal officer shall, in addition to any
other information which he considers will be of assistance to the tribunal, set out
such facts as appear to him to be agreed by all or any of the parties and such facts
as appear to him to be in dispute between any of the parties.

(4) For the purpose of preparing a summary of facts, a tribunal officer shall
have power to

(a)interview at any reasonable time any person, including a party, and
record a statement from him;

(b)enter and inspect at any reasonable time any premises in which a
party is or has been employed and to examine any part of the
premises and any machinery, fittings or equipment therein; and





(e)require any person to produce at any reasonable time any records,
books of account or other documents which the tribunal officer may
reasonably consider to be relevant to the claim, and to examine and
make copies of such records, books of account or other documents.

(5) A person who is interviewed by a tribunal officer shall not be compelled to
make a statement or to answer any question put to him but the tribunal officer shall
record in his summary of facts if any person has refused to be interviewed or to
answer any question put to him.

(6) A person who makes a statement to a tribunal officer shall be entitled to
read such statement or, if he is illiterate or if the statement is written in a language
which he does not understand, to have the statement read out to him in a language
which he does understand and to correct any errors therein.

(7) A statement made to a tribunal officer may be admitted as evidence of all
matters therein if it is produced before the tribunal by the tribunal officer who
recorded it and contains a statement by him that subsection (6) was complied with at
the time when the statement was recorded.

15. Conciliation certificate to be filed

(1) The tribunal shall not hear a claim until a certificate in the prescribed form
signed by a tribunal officer or an authorized officer is filed or produced to the effect
that

(a)one or more of the parties has refused to take part in conciliation;

(b)conciliation has been attempted but no settlement has been reached;

(c)conciliation is unlikely to result in a settlement being reached; or

(d)conciliation may prejudice the interests of a party.

(2) A certificate under subsection (1) shall be filed with or produced to the
tribunal not later than 24 hours before the date fixed for the hearing of the claim.

(3) During the hearing of a claim the tribunal may, subject to sections 16 and 30,
adjourn the claim and notify the Commissioner in the prescribed form of the
adjournment and the reason therefor if (Amended L.N. 377 of 1980)

(a)the tribunal is of the opinion that there is a reasonable likelihood of a
settlement of the claim; and

(b)all parties to the claim have agreed to an adjournment for the purpose
of conciliation.

(4) The Commissioner may, when he has been notified of an adjournment
pursuant to subsection (3), hold conciliation between such of the parties to the claim
as are willing to take part.





(5) The Commissioner may, if after such conciliation the parties reach a
settlement of the claim or if he is of the opinion that there is no reasonable
likelihood of such a settlement, so advise the tribunal in the prescribed form.
(6) The Commissioner shall, unless he has earlier advised the tribunal
under subsection (5), advise the tribunal as to what, if any, progress has been
made in the conciliation not less than 24 hours before the date to which the
claim has been adjourned.
(7) If a settlement of a claim is reached, whether as a result of conciliation
or not, the terms of the settlement shall be reduced to writing in the prescribed
form and signed by the parties to the settlement.
(8) A settlement, which has been reduced to writing and signed by the
parties thereto, shall be filed in the tribunal.
(9) A settlement filed under subsection (8) shall be treated for all purposes
as if it were an award of the tribunal.

PART V

PRACTICE AND PROCEDURE

16. Presiding officers etc. to prevent delay
to the prejudice of claimant
Every presiding officer, registrar, deputy or assistant registrar, tribunal
officer and authorized officer shall ensure that there is no avoidable delay in the
determination of a claim and shall have regard to any proceedings in any other
court which may result in judgments to the prejudice of the claimant.

17. Place of hearing
A presiding officer shall sit for the disposal of the business of the tribunal
at such places and times as, having regard to the convenience of the parties and
witnesses, he may think fit.

18. Hearing to he in public unless otherwise ordered
The hearing of a claim shall be conducted in public unless the presiding
officer considers that in the interests of justice the hearing or any part thereof
should be in private, in which case he shall order accordingly.

19. Keeping of summary of evidence, etc.
The presiding officer shall keep a summary of the evidence, submissions or
statements made or given and of any point of law raised at the hearing and of
his decision on such point of law.
(Amended 18 of 1974 s. 7)





20. Hearing to he informal

(1) The hearing of a claim shall be conducted in an informal manner.
(2) The presiding officer may subpoena witnesses, order the production of
any document, record, book of account or other exhibit and put to a party or
witness such questions as he may think fit.
(3) The presiding officer shall investigate any matter which he may
consider relevant to the claim, whether or not it has been raised by a party.

20A. Failure of claimant to appear at hearing

(1) If, upon the hearing of a claim, the claimant does not appear, the
tribunal may strike out the claim, without prejudice, however, to the restoration
thereof by the tribunal, on the application of the claimant, on such terms as it
thinks just.
(2) An application under subsection (1) shall be made within 7 days after
the hearing or such further period as the tribunal may allow.
(Added 14 of 1984 s. 2)

21. Hearing of claim in absence of defendant
If a defendant who has been duly served with a copy of the claim and a
notice of hearing fails to appear at the hearing, by himself or by a person
authorized by the tribunal to appear on his behalf, the tribunal may, if it is of
the opinion that the facts relating to the claim are sufficiently established, hear
and determine the claim and make such award or order as it may think fit,
notwithstanding the absence of the defendant.

21A.Setting aside award or order made
in absence of defendant

(1) Any award or order made by the tribunal under section 21 in the
absence of a defendant at a hearing may be set aside by the tribunal, on the
application of the defendant, on such terms as it thinks just.
(2) An application under subsection (1) shall be made within 7 days after
the hearing or such further period as the tribunal may allow.
(Added 14 of 1984 s. 3)

22. Decision to he announced at conclusion
of bearing if possible

(1) The presiding officer shall deliver his determination of a claim and
make such award or order thereon as he may think fit as soon as possible after
the conclusion of the hearing of the claim.





(2) The reasons for an award or order may be given orally or in writing as the
presiding officer may think fit.

(3) A presiding officer shall, when he has made an award or order orally, reduce
it to writing as soon as possible, and in any case not later than 14 days after the date
of the award or order.

(4) Every written award or order shall be served by the registrar on the parties,
and it shall not be necessary for the party in whose favour an award or order has
been made to prove that it reached the party to be served.

(Replaced 25 of 1976 s. 2)

(5) Service of a written award or order under subsection (4) shall be effected

(a) by delivering it personally to the party to be served;

(b)by leaving it with some person for him at his last known place of
residence or at his place of business; or

(c)in such other manner as the registrar thinks fit. (Added 25 of
1976s.2)

23. Right of audience

(1) The following persons shall have a right of audience before the tribunal

(a) a claimant or defendant;

(b) a tribunal officer;

(e) an authorized officer;

(d)an officer or servant of an unincorporated or incorporated company
or a member of a partnership, if the company or partnership is a party;
and

(e)with the leave of the tribunal, an office bearer of a registered trade
union or of an association of employers who is authorized in writing
by a claimant or defendant to appear as his representative.

(2) No barrister or solicitor, unless he is acting on his own behalf as a claimant
or a defendant, shall have a right of audience before the tribunal.

24. Claims may be joined

(1) If 2 or more claims are filed and it appears to the tribunal that

(a) a common question of law or fact arises in both or all of them;

(b) the claims arise out of the same cause of action; or

(e) it would be in the interests of justice,
the tribunal may order that such claims be joined.

(2) The power conferred by this section may be exercised notwithstanding that
an inquiry into or hearing of one or more of the claims has been commenced.





25. Representative claims

(1) Subject to subsection (2), if 2 or more persons have claims against the same
defendant, such claims may be brought in the name of one of such persons as the
representative of some or all of them.

(2) The tribunal may, if at any stage of the proceedings, it considers that the
bringing of a representative claim may prejudice the defendant, order that the claims
of all or any of the persons represented shall be inquired into separately.

(3) Each person represented in a representative claim shall be deemed to have
authorized the representative on his behalf to

(a)call and give evidence and make submissions to the tribunal on any
matter arising during the inquiry into the claim;

(b) file affidavits, statements or other documents;

(c) agree to a summary of facts prepared by a tribunal officer;

(d) agree to an adjournment or change of venue;

(e) agree to the holding of and to take part in conciliation;
agree to a settlement of the claim on such terms as he may think
fit;

(g)consent to the tribunal having jurisdiction over a claim pursuant to
section 9;

(h)amend the claim in respect of all or any of the individual claims or to
abandon the claim; and

(i)act generally in as full and free a manner as such claimant could act
himself.

(4) The authority deemed to be given to a representative by subsection (3) shall
not be withdrawn save by leave of the tribunal.

(5) In making an award in respect of a representative claim the tribunal may
allocate such part of the award to each person represented as it thinks fit and the
amount so allocated shall, for the purposes of section 38 of the Bankruptcy
Ordinance (Cap. 6) and section 265 of the Companies Ordinance (Cap. 32) (which
provide for prior payment in bankruptcy and winding-up of certain debts), be
considered as a separate award.

(6) The tribunal may, at any time before making an award, grant leave to any
person to join as a person represented in a claim on such terms as it may think fit.

(7) The tribunal may cause public notice to be given, in such manner as it may
think fit, of the particulars of a representative claim which has been filed and of the
date and place which have been fixed for the hearing of the claim.

26. Joint defendants

(1) If 2 or more persons are defendants to a claim, as partners or otherwise, it
shall be sufficient to serve any of them with process and an award





may be obtained and execution issued against any person so served
notwithstanding that any other persons jointly liable may not have been served or
been a party or may not be within the jurisdiction of the tribunal.

(2) If an award is made against a person in accordance with subsection (1) and
is satisfied by that person, he shall be entitled to recover in the tribunal contribution
from any other person jointly liable with him.

(3) An award obtained against a person in respect of his liability jointly with
any other person shall not release such other person from liability under the award.

(4) A person who is sued in respect of his liability jointly with any other person
may set up any defence or counterclaim which he would have been entitled to set up
if all the persons liable had been made defendants.

(5) If 2 or more persons are joined as defendants, the claimant may obtain an
award against any one or more of the defendants and may enforce the award without
prejudice to his right to proceed with the action against any other defendant.

27. Evidence

(1) The tribunal may at any time during the hearing of a claim allow a witness or
a party to give evidence on oath or unsworn.

(2) The rules of evidence shall not apply to proceedings in the tribunal, which
may receive any evidence which it considers relevant.

28. Costs

(1) Subject to subsection (2), the tribunal may award to a party costs and
expenses, which may include

(a)any reasonable expenses necessarily incurred and any loss of salary
or wages suffered by that party; and

(b)any reasonable sum paid to a witness for the expenses necessarily
incurred and any loss of salary or wages suffered by him,

in attending a hearing of the tribunal or in being interviewed by a tribunal officer.

(2) In making an award of costs under this section, the tribunal shall include a
direction as to the amount to be paid by each party who is so liable to pay costs.

(3) An award of costs shall be enforceable in the same way as any other award
made by the tribunal.

29. Frivolous or vexatious claims

The tribunal may at any time dismiss a claim which it considers to be frivolous
or vexatious on such terms as to payment of costs as it may think fit.





30. Adjournments

The tribunal may, if it is of the opinion that an adjournment of the hearing of a
claim may result in prejudice to a party because of the disposal or loss of control of
assets by a defendant, grant an adjournment only on payment into the tribunal of
such sum of money, or the giving of such other security for the payment of the
amount of any award, as the tribunal may think sufficient.

PART VI

REVIEW AND
APPEAL

31. Review of awards and orders

(1) Except where a party has filed an application for leave to appeal and does
not agree to withdraw the application, a presiding officer may, within 14 days from
the date of an award or order given or made by him, review the award or order and
on such review may re-open and re-hear the claim wholly or in part and may call or
hear fresh evidence and may confirm, vary or reverse his previous award or order.
(Amended 29 of 1974 s. 2)

(2) The power conferred by subsection (1) may be exercised

(a) by a presiding officer of his own motion, on notice in the prescribed
form to all parties;

(b) on the application of a party within 7 days, on notice in the
prescribed form to all other parties.

(3) The exercise of the power conferred by subsection (1) shall not operate as a
bar to appeal by a party against the award or order or thereafter against the
determination of the review.

(4) On the application of a party for a review of an award or order, the presiding
officer, having regard to the possibility of assets which may be available to satisfy
an award being disposed of to the prejudice of any part, may make such order
regarding payment into the tribunal, giving of security or otherwise as he may think
fit.

(5) A presiding officer may transfer the hearing and consideration of a review to
another presiding officer who shall have all the powers and functions which he
would have if he had originally heard the claim and had prepared the record of
proceedings.

32. Leave to appeal on point of law

(1) If any party is dissatisfied with an award, order or determination by the
tribunal on the grounds that the award, order or determination is

(a) erroneous in point of law; or

(b) outside the jurisdiction of the tribunal,





such party may, within 7 days after the date on which the award, order or
determination was served on him, or within such extended time as may be allowed by
the Registrar of the Supreme Court on good cause, apply to the High Court for leave
to appeal and the High Court may grant such leave. (Amended 71 of 1982 s. 2)

(2) An application for leave to appeal under this section shall be

(a)in the prescribed form which shall set out the grounds of appeal and
the reasons in support of such grounds; and

(b)lodged with the Registrar of the Supreme Court.

(3) A refusal by the High Court to grant leave to appeal shall be final.

(Replaced 29 of 1974 s. 3. Amended 79 of 1981 s.9)

33. (Repealed 25 of 1976 s. 4)

34. (Repealed 79 of 1981 s. 9)

35. Powers of High Court on appeal

(1) On an appeal for which it has granted leave under section 32, the High
Court may

(a)allow the appeal;

(b)dismiss the appeal; or

(c)remit the matter to the tribunal with such directions as it thinks fit,
which may include a direction to the tribunal for a new hearing.

(2) On an appeal for which it has granted leave under section 32, the High Court
may

(a)draw any inference of fact; and

(b) make such order as to costs and expenses as it thinks fit,
but may not

(i) reverse or vary any determination made by the tribunal on questions
of fact; or

(ii) receive further evidence.

(3) Subject to section 35A, the decision of the High Court shall be final.
(Replaced 79 of 1981 s. 9)

(Replaced 25 of 1976 s. 5. Amended 79of 1981 s.9;49of 1988s.3)

35A. Appeal to Court of Appeal

(1) If any party is dissatisfied with a decision of the High Court on an appeal
heard by leave given under section 32, such party may, within 7 days after the date
of the decision, apply to the Court of Appeal for leave to appeal and, if the Court of
Appeal considers that a question of law of general public importance is involved, it
may grant leave. (Amended 49 of 1988 s.3)





(2) An application for leave to appeal under this section shall be

(a)in the prescribed form, setting out the question of law; and

(b)odged with the Registrar of the Supreme Court.

(3) A refusal by the Court of Appeal to grant leave to appeal shall be final.

(Added 79 of 1981 s. 9)

35B. Powers of the Court of Appeal on appeal

On an appeal under section 35A, the Court of Appeal may

(a) allow the appeal;

(b) dismiss the appeal; or

(c)remit the matter to the tribunal with such directions as it thinks fit,
which may include a direction to the tribunal for a new hearing,

and may make such order as to costs as it thinks fit.
(Added 79of 1981s.9. Amended 49 of 1988 s.3)

36. Procedure on appeal

1 Subject to this Part, an appeal from the tribunal shall be brought in such manner
and shall be subject to such conditions as shall be prescribed.

(Amended 29 of 1974 s. 6)

37. Stay of execution on review or appeal

Neither a decision by a presiding officer to exercise his power of review under
section 31 nor the filing of an application for leave to appeal under section 32 or 35A
shall operate as a stay of execution of an award or order unless the presiding officer,
the High Court or Court of Appeal, as the case may be, otherwise orders and any
stay of execution may be subject to such conditions as to costs, payment into the
tribunal, the giving of security or otherwise as the presiding officer, the High Court
or Court of Appeal may think fit.

(Replaced 29 of 1974 s. 7. Amended 25 of 1976 s. 6; 79 of 1981s.9)

PART VII

MISCELLANEOUS

38. Awards and orders may be registered in District Court

A final award or order of the tribunal may be registered in such manner as may
be prescribed, in the District Court and shall, on such registration, become for all
purposes a judgment of the District Court and, subject to section 40, may





be enforced accordingly, notwithstanding that amount for which an award or order
has been given is beyond the jurisdiction of the District Court.

39. Interest on claims and awards

(1) The tribunal may include in the amount of an award interest at the rate
specified in subsection (4) on the whole or any part of the amount claimed for the
whole or any part of the period between the date when the cause of action arose and
the date of the award.

(2) The powers conferred by subsection (1) may be exercised

(a) whether or not interest is expressly claimed;

(b)at any time after the date of the award if it appears to the tribunal that
the failure to claim or to award interest was through inadvertence; and

(c) if an award is made ex parte against the defendant.

(3) An award shall carry interest at the rate specified in subsection (4) on the
aggregate amount thereof, or on such part thereof as for the time being remains
unsatisfied, from the date of the award until satisfaction.

(4) The rate of interest specified for the purpose of subsections (1) and (3) shall
be the rate fixed by the Chief Justice by notice in the Gazette under section 50 of the
District Court Ordinance (Cap. 336). (Added 5 of 1986 s.2)

(Amended 5 of 1986 s. 2)

40. Payment of award

(1) In a joint or representative claim the amount of an award or order shall be
paid into the tribunal and shall be allocated amongst such parties to the claim and in
such amounts as a presiding officer, who shall where possible be the presiding
officer who heard the claim, may think fit.

(2) When money is paid into the tribunal by a defendant, in full or part
discharge of an award or order made against him, the defendant shall be deemed to
have satisfied his liability under the award or order to the extent of the amount so
paid and shall not be liable to any claimant as to the manner in which such money is
allocated by the tribunal.

41. Interference with witness and perjury

(1) No person shall by threats, persuasion or otherwise induce a witness or a
party not to give evidence in any hearing before the tribunal.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and on conviction before a judge in the District Court shall be liable to a fine of
$5,000 and to imprisonment for 6 months.





(3) If in any proceedings before the tribunal, it appears to the presiding
officer that-
(a) a person has acted in contravention of subsection (1); or
(b) a witness or party has wilfully given false testimony,
the presiding officer may order such person, witness or party to appear before a
judge in the District Court and to be dealt with by him-
(i) in accordance with subsection (2) in the case of a person ordered
to appear under paragraph (a); and
(ii) in accordance with section 21 of the District Court Ordinance
(Cap. 336) in the case of a witness or party ordered to appear
under paragraph (b).

42. Insulting behaviour

If any person, in a hearing before the tribunal,-
(a)uses a threatening or insulting expression to or concerning or in
the presence of the presiding officer; or
(b)behaves in an insulting manner or wilfully interrupts the
proceedings,
the presiding officer may summarily sentence the offender to a fine of $500 and
to imprisonment for 2 months.
(Replaced 29 of 1974 s. 8)

43.Punishment of witness for non-attendance and
of person for non-production of document

Any person who, without reasonable excuse, fails to comply with-
(a)a subpoena served on him under section 20(2) to appear before
the tribunal as a witness; or
(b)an order under section 20(2) to produce any document, record,
book of account or other exhibit,
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $1,000.

44.Punishment for refusal to comply with request
by tribunal officer to produce document and
for obstruction of tribunal officer

Subject to section 14(5), any person who-
(a)refuses, without reasonable excuse, to comply with a lawful
request made by a tribunal officer for the production to him of
any records, books of account or other documents; or





(b) wilfully obstructs a tribunal officer in the carrying out of any

duty under section 14,

shall be guilty of an offence and shall be liable on summary conviction to a fine
of $5,000.

45. Chief Justice may make rules

The Chief Justice may make rules

(a) regulating the procedure for

(i)applying for review, and the hearing of such applications, under
section 3 1;

(ii)applying for leave to appeal, and the hearing of such
applications, under sections 32 and 35A; (Amended 25 of
1976s.7)

(iii)the hearing of appeals under sections 35 and 35B; (Replaced 29
of 1974 s. 9. Amended 79 of 1981 s. 9)

(b) regulating the transfer of proceedings to the District Court or

High Court;

(c) providing for matters of procedure which are not provided for in

this Ordinance;

(d) prescribing anything which is to be or may be prescribed;

(e) prescribing the fees and costs applicable to proceedings in the

tribunal;

(Repealed 25 of 1976 s. 7)

(g) generally for the better carrying out of the provisions of this

Ordinance.
45A.Power of presiding officer to enforce
payment of fine, etc.

For the purposes of enforcing the payment of any fine imposed or giving effect
to any sentence of imprisonment a presiding officer shall have the powers of a
judge.

(Added 29 of 19 74 s. 10)

46. Procedure generally

In any matter of procedure for which no provision is made by this Ordinance or
by rules made pursuant to section 45 the procedure applicable shall be such as the
presiding officer may determine.





SCHEDULE [s. 7]

1. A claim for a sum of money which arises from

(a)the breach of a term, whether express or implied, of a contract of employment,
whether for performance in Hong Kong or under an overseas contract as defined in
the Contracts for Employment Outside Hong Kong Ordinance (Cap. 78);

(aa) the breach of a term, whether express or implied, of a contract of apprenticeship;
or (Added 8 of 19 76 s. 49)

(b)the failure of a person to comply with the provisions of the Employment Ordinance
(Cap. 57) or the Apprenticeship Ordinance (Cap. 47). (Amended 39 of 1973 s. 9; 8
of 1976 s. 49)

2. A claim for contribution under section 26(2).

3. Notwithstanding paragraphs 1 and 2, the tribunal shall not have jurisdiction to hear and
determine a claim for a sum of money, or otherwise in respect of a cause of action, founded in
tort whether arising from a breach of contract or a breach of a duty imposed by a rule of
common law or by any enactment.

4. Any question as to

(a)the right of an employee to a severance payment under Part VA of the Employment
Ordinance (Cap. 57); or

(b)the amount of such payment. (Added L.N. 178 of 1974)

5. Any question as to

(a)the right of an employee to payment of wages by a person other than his employer
under Part IXA of the Employment Ordinance (Cap. 57); and

(b)the amount of such payment. (Added 54 of 1977s.3)

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