LABOUR TRIBUNAL (SUITORS' FUNDS) RULES

LABOUR TRIBUNAL (SUITORS' FUNDS) RULES

LABOUR TRIBUNAL (SUITORS' FUNDS) RULES

(Cap. 25, section 45)

[27th October, 1978.]

1. These rules may be cited as the Labour Tribunal (Suitors'
Funds) Rules.

2. In these rules, unless the context otherwise requires-

'funds' means money standing in or to be placed to the registrar's
account;

'order' means an award or order of the tribunal or, in case of an
appeal, of the Court, and includes any allocation by a presiding
officer of the amount of an award;

'presiding officer' means a presiding officer appointed under the
Ordinance;

'registrar' means the Registrar of the Labour Tribunal;

'tribunal' means the Labour Tribunal.

3. (1) All funds to be paid into the tribunal shall be paid to
the registrar.

(2) Except where the circumstances otherwise require, the
registrar shall pay any funds paid into the tribunal to an account
which may be interest earning or not (to be called the Labour
Tribunal Suitors' Funds Account) at such bank as the Director of
Accounting Services shall direct.

4. (1) The registrar shall give a receipt to any person by
whom funds are paid into the tribunal.

(2) A receipt given under this rule shall be as nearly as may be
in Form 1 in the Schedule hereto and shall contain particulars suffi-
cient to identify the payment to which it relates and a statement of
such of the following circumstances as may be applicable-
(a)paid in on behalf of defendant (name ofparty) in satisfaction
of claim of the above-named (name of party);
(b) paid in under order dated theday of 19

(e)paid in to security for costs account on behalf of (name of
party).

5. (1) The registrar shall keep appropriate accounts in respect
of all funds paid into the tribunal and of all dealings relating
thereto.

(2) No account kept by the registrar under this rule shall be
credited with any sum by way of interest.





6. (1) Funds paid into the tribunal shall not be paid out
except by direction of a presiding officer or in pursuance of an
order, and every such direction or order shall specify in full the name
of every person to whom payment is to be made:

Provided that-
(i) in the case of payment to a firm, it shall be sufficient to
state the business name of such firm;
(ii) in the case of payment to partners, payment may be made
to any one or more of such partners or to the survivor of
them, as the case may be.

(2) Funds paid into the tribunal may be paid out by cheque or
in cash as the registrar may direct and, in the case of payment by
cheque, the cheque shall be signed by the registrar and such other
person as the registrar may authorize in writing.

(3) Payment out may be made at the offices of the tribunal on
any week-day, not being a Saturday or general holiday, between the
hours of 10.00 a.m. and 1.00 p.m. and between the hours of 2.00 p.m.
and 4.00 p.m.; and on any Saturday (not being a general holiday)
between the hours of 10.00 a.m. and 12 noon.

7. Where the registrar is satisfied that any person entitled
under rule 6 to payment out of funds has died, the registrar may pay
out such funds (or any portion thereof remaining unpaid at the date
of the death of the deceased) as follows-
(a)the registrar may pay out such funds to the legal personal
representatives of the deceased or, if it appears that any
such personal representative has died, to the survivor or
survivors of them;
(b)where it appears to the registrar that the deceased died
intestate having assets not exceeding the value of $5,000
including the amount of such funds, and if administration
has not been granted in respect of his estate, the registrar
may pay out such funds to the person who (being the
spouse, child, father, mother, brother or sister of the
deceased) would have the prior right to a grant of admini-
stration of the estate, upon a declaration by such person
in Form 2 in the Schedule hereto.

8. The registrar shall, at the end of each financial year or so
soon thereafter as may be practicable, pay into the general revenue
of Hong Kong any interest that has been credited to the Labour
Tribunal Suitors' Funds Account.

9. (1) Where any funds paid into the tribunal in respect of an
order remain unclaimed for a period of five years after the date of
such order, the Chief Justice may, on application by the registrar,
direct that such funds shall be paid into the general revenue of
Hong Kong.





(2) Before giving any direction under paragraph (1), the Chief
Justice may direct that such notice, if any, as he thinks necessary
shall be given in such manner and to such persons as he may so
direct.

10. (1) The registrar shall in each year cause to be prepared
for the period of twelve months ending on the 31st March in that
year a statement of the accounts kept by him under rule 5, and such
statement shall-
(a)include a receipts and payments account and a statement
of assets and liabilities; and
(b)be signed by the Registrar of the Supreme Court.

(2) All accounts kept by the registrar under rule 5 and the
statement of account prepared under paragraph (1) shall be audited
by the Director of Audit who shall, subject to such report as he
thinks fit, certify the statement.

SCHEDULE

FoRm 1 [rule 4(2).]

LABOUR TRIBUNAL (SUITORS FUNDS) RULES

Receipt

IN THE LABOUR TRIBUNAL

(Title of cause or matter. No. of 19
Ledger account
(if the same as the cause, state as above).
Received from the sum of

(Signature)

Registrar.
Dated this day of 19

FoRm 2 [rule 7.]

LABOUR TRIBUNAL (SUITORS' FuNi)s) RULES

Declaration

IN THE LABOUR TRIBUNAL

(Title of cause or matter. No. of 19

Ledger account

(if the same as the cause, state as above).

I (name and address of applicant) solemnly and sincerely declare that I am
the (degree of relationship) and next or one of the next of kin of (name of
deceased) and that 1 am entitled to take out administration to his estate and to
receive the sum of $ directed to be paid to him by the order
dated the 19





And I further declare that the total value of the assets of the deceased
including the above sum does not exceed 55,000, and I certify that the death-bed
and funeral expenses of the deceased have been paid: and I make this solemn
declaration conscientiously believing the same to be true and by virtue of the
provisions of the Oaths and Declarations Ordinance, Chapter 11.

(Signature of applicant)

Declared at

Before me this day of 19

(Signature)

Justice, notary public.
or other authorized officer.
L.N. 249/78. Citation. Interpretation. Payment into the tribunal. Registrar to give receipt. Schedule, Form 1. Registrar to keep accounts. Payment out of funds in the tribunal. Payment out on death of person entitled. Schedule, Form 2. Transfer of interest to general revenue. Transfer of unclaimed funds to general revenue. Annual statement of accounts and audit.

L.N. 249/78. Citation. Interpretation. Payment into the tribunal. Registrar to give receipt. Schedule, Form 1. Registrar to keep accounts. Payment out of funds in the tribunal. Payment out on death of person entitled. Schedule, Form 2. Transfer of interest to general revenue. Transfer of unclaimed funds to general revenue. Annual statement of accounts and audit.

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