COMPULSORY SERVICE TRIBUNAL PROCEDURE RULES

COMPULSORY SERVICE TRIBUNAL PROCEDURE RULES

COMPULSORY SERVICE TRIBUNAL PROCEDURE
RULES.

(Cap. 246, section 11).

[16th November, 1951.]

1. These rules may be cited as the Compulsory Service Tribunal
Procedure Rules.

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

'appeal' means an appeal in accordance with the provisions of section
16 of the Ordinance from a decision of the Director refusing
consent for the appellant to quit the Royal Hong Kong Regiment,
the Royal Hong Kong Auxiliary Air Force, the Royal Hong Kong
Auxiliary Police Force or the Essential Services Corps;

'claim' means a claim made to the Director under subsection (3) of
section 7 of the Ordinance;

'Director' means the person appointed Director of Manpower for the
Colony under the Ordinance;

'judge' means the judge appointed by the Chief Justice in accordance
with section 11 of the Ordinance;

'objection' means an objection to being selected for service by the
Director made in accordance with section 10 of the Ordinance;

'regulations' means the Compulsory Service (Prescribed Forms)
Regulations;

'Secretary' means the person appointed by the Governor under
subsection (5) of section 11 of the Ordinance to act as Secretary of
the Tribunal;

'Tribunal' means the Compulsory Service Tribunal constituted under
section 11 of the Ordinance.

3. The Tribunal shall have a seal which shall be affixed to such
formal documents as the judge may from time to time direct.

4. Where under the provisions of section 7 or 12 of the Ordinance
the Director is required to refer a claim, objection or appeal to the
Tribunal he shall deliver five copies of such claim, objection or appeal,
on the appropriate form setting forth the grounds of and reasons for the
claim, objection or appeal, as the case may be, and the Director's
observations thereon, to the Secretary who shall

(a)enter the claim, objection or appeal in a book kept for the
purpose;





(b) number the claim, objection or appeal;

(c) seal each copy thereof; and

(d) return one copy to the Director.

5. The Secretary shall forthwith cause to be served a sealed
copy of such claim, objection or appeal upon the claimant, objector
or appellant, as the case may be.

6. The Secretary shall give the Director and claimant, objector
or appellant, at least seven days' notice of the time and place at
which the Tribunal will sit for the consideration of the case and the
Tribunal may proceed to adjudicate on the matter notwithstanding
that the Director or his representative or the claimant, objector or
appellant is not present.

7. (1) The sittings of the Tribunal shall be in public unless
the judge in any particular case for special reasons directs that
members of the public or representatives of any newspaper shall
not be admitted to or shall withdraw during the hearing of that
case or any part thereof.

(2) For the purpose of discussing their decisions, the Tribunal
may order all persons not being members of the Tribunal to
withdraw.

8. The Tribunal may at any time-

(a) defer or adjourn the hearing or determination of any case;

(b)order or allow any amendments of the grounds of or
reasons for a claim, objection or appeal or of the Director's
observations thereon.

9. The procedure prescribed by Order 35, rule 7 of the Rules
of the Supreme Court shall be applied, mutatis mutandis to the
bearing of claims, objections or appeals referred to the Tribunal
under the Ordinance so far as the same can be made applicable
thereto unless the judge in any case for the avoidance of delay or
in furtherance of substantial justice thinks fit otherwise to direct
and except where the said provisions may, in the opinion of the
judge, be unsuitable or may conflict or be inconsistent with the
Ordinance or these rules.

10. Where the Tribunal refers any objection on the ground of
physical fitness to a board of medical practitioners under paragraph
(b) of subsection (1) of section 13 of the Ordinance the Tribunal
may upon the application of the persons concemed, direct that a
medical practitioner nominated by him shall be permitted to be
present at his examination by such board.





11. Any order, summons, subpoena, notice or other document
issued by the Tribunal may be issued in the name of the Secretary.

12. Service of any order, summons, subpoena, notice or other
document for the purpose of carrying out the provisions of these rules
may be effected in the manner prescribed for service of documents by
section 23 of the Ordinance.

13. (1) The forms contained in the Schedule to these rules shall be
used in the 'appropriate case with such variations and additions as the
circumstances of the particular case may require and shall as regards the
form thereof be valid and sufficient.

(2) In all other cases where forms are not provided by these rules
the appropriate form set out in the Appendices to the Rules of the
Supreme Court may be adapted as required.

SCHEDULE. [r. 13.]

FORM 1.

Notice of Hearing

COMPULSORY SERVICE TRIBUNAL.

IN THE MATTER of the Compulsory
Service Ordinance.

Case No. of 19

TO

THE DIRECTOR OF MANPOWER

and

NOTICE OF HEARING.

TAKE NOTICE that the case abovementioned will be heard before the

Compulsory Service Tribunal, Supreme Court, Hong Kong, on day
the day of 19 at o'clock

in the noon.
Dated this day of 19

Secretary.





FORM 2.

Subpoena ad Testificandum.

COMPULSORY SERVICE TRIBUNAL.

IN THE MATTER of the Compulsory
Service Ordinance.

Case No . ..of 19

To

You are required to attend before the Compulsory Service Tribunal,
Supreme Court, Hong Kong, on day the day
of 19 at o'clock in the noon
and so from day to day until the above case is heard to give evidence on behalf
of

Dated this day of..................19

...............
......Secretary.

FORM 3.

Subpoena Duces Tecum.

COMPULSORY SERVICE TRIBUNAL.

IN THE MATTER of the Compulsory
Service Ordinance.

Case No ...................... of 19

TO

You are required to attend before the Compulsory Service Tribunal,
Supreme Court, Hong Kong, on day the day
of 1 19 at o'clock in the noon
and so from day to day until the above case is heard to give evidence on behalf
of and also to bring with you and
produce at the time and place aforesaid the following documents-

Dated this day of 19

Secretary.
G.N.A. 205/51. 29 of 1969. 98 of 1970. Citation. Interpretation. 98 of 1970, Schedule. 29 of 1969, s. 2. (Cap. 246, sub. Leg.) Seal. Reference of claim, objection or appeal to the Tribunal. Service of sealed copy of claim, objection or appeal. Notice of time and place of hearing. Sittings of Tribunal to be in public. Power to adjourn, etc. General provisions as to procedure. (Cap. 4, sub. leg.) Attendance of medical practitioner at examination before board. Notices, etc., to be signed by the Secretary. Service of documents. Forms. (Cap. 4, sub. leg.)

G.N.A. 205/51. 29 of 1969. 98 of 1970. Citation. Interpretation. 98 of 1970, Schedule. 29 of 1969, s. 2. (Cap. 246, sub. Leg.) Seal. Reference of claim, objection or appeal to the Tribunal. Service of sealed copy of claim, objection or appeal. Notice of time and place of hearing. Sittings of Tribunal to be in public. Power to adjourn, etc. General provisions as to procedure. (Cap. 4, sub. leg.) Attendance of medical practitioner at examination before board. Notices, etc., to be signed by the Secretary. Service of documents. Forms. (Cap. 4, sub. leg.)

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