Citation.
Interpreta- tion.
(37 of 1957).
Notification
of intention
to refer
diepute to the tribunal.
HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE, 1957.
(No. 27 of 1957).
AIRPORT Obstructions COMPENSATION TRIBUNAL RULES, 1958.
In exercise of the powers conferred by section 25 of the Hong Kong Airport (Control of Obstructions) Ordinance, 1957, 1, Trevor Jack Gould, Acting Chief Justice, hereby make the following
rules-
1. These rules may be cited as the Airport Obstructions Com- pensation Tribunal Rules, 1958.
In these rules, unless the context otherwise requires. "Ordinance" means the Hong Kong Airport (Control of
Obstructions) Ordinance, 1957;
**tribunal' means the Airport Obstructions Compensation
Tribunal;
"Registrar" means the Registrar of the Supreme Court; "Registry" means the Registry of the Supreme Court.
3. (a) Where any dispute exists as to whether compensation is payable under the Ordinance, or as to the amount of any compensation so payable, or as to the person to whom any such compensation is payable, and such compensa- tion has not been settled by agreement, the person claiming compensation, (hereinafter referred to as the claimant), or the Director of Public Works shall notify all other parties to the dispute of his Intention to refer the dispute to the tribunal in manner provided by this rule and upon such notification the dispute shall be one which is deemed to have risen under section 24 of the Ordinance.
(b) Notification of intention to refer the dispute to the tribunal shall be given by notice (hereinafter referred to as the notice of intention) in the prescribed form, such notice to be served by the claimant or the Director of Publit Works, as the case may be, upon all parties to the dispute.
4. (a) Within two months of service of the notice of inten- Notice of
tion under paragraph (b) of rule the party who has application.
served such notice shall refer the dispute to the tribunal by serving a notice, in duplicate, in the prescribed form (hereinafter referred to as the notice of application) upon the clerk to the tribunal giving particulars of the matter in dispute between the parties. Copics of the notice served upon the clerk to the tribunal shall be served within the same period upon all other parties to the dispute, and upon the Registrar,
(b) Any person upon whom a notice is served or any person upon whom notice ought to have heen served pursuant to paragraph (a) of this rule may, after notifying the claimant and the Director of Public Works of his inten- tion so to do, at any time apply to the Registrar for leave to appear before the tribunal, and upon such application the Registrar may, if satisfied that such appearance is necessary for the complete and effectual determination of any dispute referred to the tribunal, give any such person leave to appear upon such terms as he thinks fit and may make such order for directions as may be necessary, whereupon such person shall become a party to the dispute before the tribunal.
5. The claimant or the Director of Public Works as the case Statement
of claim may be shall file together with the notice of application a statement
for compen- in writing setting out the particulars of any claim for compensa- sation made
to Director tion made to the Director of Public Works by the claimant in
of Public accordance with subsection (1) of section za of the Ordinance and Works. the particulars of the compensation, if any, assessed by the Director of Public Works as recoverable by the claimant in accordance with subsection (2) of section 22 of the Ordinance. Such statement shall be filed with the clerk to the tribunal and copies of such statement shall be delivered by the claimant to all other parties to the dispute, and to the Registrar.
6. Within fourteen days of the service by the claimant of Points of his notice of application or within twenty-one days of the claimant Claim. being served with a copy of the notice of application by the Director of Public Works the claimant shall file Points of Claim. Such Points of Claim shall clearly state with reasonable particularity all relevant facts relied upon by the claimant in