If the Labour Tribunal were
to enforce its Own
judgements,
it
would
have
the
power only
Section 6
to
order
the
of the Labour
seizure of movable property.
Tribunal Ordinance already provides
for bailiffs to be
attached to the Tribunal for this purpose.
However, this
The reason for this is
enforce payment
provision has not so far been used.
is
more effective
to
District the
or Court
to
use Bankruptcy
that in practice it
or
through
le
Winding-up Petitions in the High Court.
Bankruptcy proceedings
liable are
to take some
time to settle, but meanwhile the plaintiff can apply for an
井
exfgratia payment from the Protection of Wages on Insolvency
Fund.
The Labour Department advises all those pursuing a claim in the Labour Tribunal to apply at the same time to
this fund.
Bankruptcy petitions
are
to limited
claims
for
However, I shall shortly be recommending
Insolvency the
$5,000 and over.
to this Council an
7
#
amendment
to
Fund
be made to
even in
Ordinance to allow ex gratia payments
those cases where the amount owed is less than this $5,000
threshold.
Sir,
the
short
to answer
the question
is that
there appears to be no point in amending Section 38 of the Labour Tribunal Ordinance to give the Tribunal enforcement powers, since it already has such powers under Section 6 of the Ordinance. However these powers are not used because in
practice it is more effective to use other means.