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機C(72) 密

by the Full Court. The powers of the District Court and the Full Court on an appeal are set out in clause 35. A review or appeal will not stay execution unless the presiding officer orders otherwise,

11

An award or order may be registered in the District Court. By clause 38 this will enable the machinery of the District Court to be used to enforce it. Clause 39 enables interest to be claimed and provides that an award may include any claim for interest. The rate will be determined by the presiding officer.

12

Clause 41 makes it an offence to interfere with witnesses. The offence is punishable in the District Court. A witness giving perjured evidence may be ordered to appear before a District judge to be dealt with by him. This is in accordance with paragraphs 26 and 27 of Annex A except that cases of suspected perjury are re- ferred to the District Court instead of to the Attorney General.

13

Clause 44 provides for the Ordinance to expire on a stated date. In October 1970, after Annex A was considered, it was ordered that the legislation should initially be operative for a period of two years only. It is likely to be some months before the necessary staff are available and administrative arrangements made, to enable the Ordinance to be brought into force. It is therefore suggested that the date of expiry should be 31st December 1974. It is also proposed that, about 6 months before the expiry date, consideration should be given as to whether or not the tribunal has proved itself to be sufficiently valuable to become a permanent feature.

14

The bill is an attempt to bring a quicker, cheaper and speedier form of redress than is available in the courts at present. This is not easy to achieve and it may well prove necessary, after a short experience of its working, to amend it substantially.

15

The Labour Advisory Board and the Joint Associations' Committee on Employer/Employee Relationships, were consulted by the Commissioner of Labour and endorsed the principles behind the bill.

16

Honourable Members are asked to advise whether the Summary Claims Tribunal Bill 1972 should be introduced into the Legislative Council.

(The Commissioner of Labour (Mr Paul K. C. TSUI), the Registrar, Supreme Court (Mr J.R. OLIVER) and Crown Counsel (Mr A. LEONG) will attend before the Council for the discussion of this item).

C.S. 166

12th (CR 3/305

CONFIDENTIAL

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