CONFIDENTIAL
XCC(74)27
2.
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Appeals
5
Clauses 3 and 4 of the bill repeal and replace sections 32 and 33 of the principal Ordinance. The new sections 32, 33 and 33A provide that an appeal against the decision of the Labour Tribunal can only be brought with leave of the tribunal, and if leave is refused by the tribunal, then with leave from the District Court. At present appeals are sometimes lodged on grounds which are not permitted by the Ordinance and this causes unwarranted delay in finalising claims. The proposed amendment seeks to remedy this situation and to ensure that the objects of speed and informality in the tribunal are not defeated by vexatious or groundless appeals.
Contempt
6
Section 42 of the principal Ordinance makes it an offence (punishable on conviction by a magistrate) to use threatening or insulting expressions or to behave in an insulting manner in the presence of a presiding officer. In order to control effectively the proceedings before a tribunal it is considered necessary that a presiding officer should have the power to punish summarily persons who commit contempt. The section is therefore amended in clause 9 to give such power to the presiding officer. A similar power is conferred on a magistrate by section 99 of the Magistrates Ordinance (Chapter 227). The new section 45A in clause 11 empowers a presiding officer to enforce the payment of any fine, or to give effect to any sentence of imprisonment, imposed by him.
Conclusion
7
Honourable Members will be asked to advise whether the Labour Tribunal (Amendment) Bill 1974, as at Annex A, should be introduced into the Legislative Council.
(The Secretary for Social Services (Acting) (Mr P.B. WILLIAMS), Registrar, Supreme Court (Mr J. R. OLIVER) and Senior Crown Counsel (Mr I. C. RANGEL) will attend before the Council for the discussion of this item).
23rd April 1974 (CR 3/3051/69 II)
CONFIDENTIAL
COUNCIL CHAMBER
機密