CONFIDENTIAL
XCC(74)51
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considered that up to four Adjudicators may be required, although the exact number will have to be determined in relation to the case load. The Adjudicators should be Chinese-speaking and it is desirable that they should possess not less than seven years' professional experience. In order to be able to attract persons of the right calibre the working group (except for the representative of the Judiciary) suggested that their rank should be equivalent to that of Principal Magistrate and thus provide a broad comparison with the post of Presiding Officer, Labour Tribunal. The Chief Justice, however, does not support this proposal and prefers that the level of the post of Adjudicator should be the same as that of a Magistrate.
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Clerical and other facilities would be provided by the
District Court.
Enforcement and Appeals
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Enforcement of judgments made by the Tribunal should
adhere to the District Court system.
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It is proposed that appeals procedure should follow the relevant provisions under the Labour Tribunal Ordinance (Chapter 25). Under the Ordinance, the right of appeal to the District Court is limited to questions of law. To avoid frivolous appeals, the Ordinance has recently been amended to provide that appellants must apply to the District Court for leave to appeal. The same procedure would apply to the Small Claims Tribunal.
Costs
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Provisionally, the Tribunal will consist of up to four chambers (depending on the number of Adjudicators to be appointed), each occupying 400 square feet, and ancillary facilities. Accommoda- tion, therefore, of about 2,000 square feet in area within the District Court premises in Victoria, Kowloon and, perhaps, Tsuen Wan would be required. Since registry facilities and most of the junior staff of the Tribunal will be provided by the District Court, the financial implications of this scheme would not be major. It is envisaged that fees will be at the same level as currently charged in the District Court details will be worked out during the drafting of the bill. In addition, it is probable that the Tribunal may contribute towards a reduction in Government's expenditure on legal aid.
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C.S. 166
CONFIDENTIAL
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