KCMD. 3.)
Insulting behaviour.
Punishment of witness for
non-attendance and of person for non- production of document.
Punishment for refusal to comply with request by tribunal officer
to produce doctiment and for obstruction of tribunal officer.
16
(2) Any person who contravenes subsection (1) shall be guilty of an offence and on conviction before a judge in the District Court shall be liable to a fine of five thousand dollars and to imprisonment for six months.
(3) If in any proceedings before the tribunal, it appears to the presiding officer that-
(a) a person has acted in contravention of subsection (1); or (b) a witness or party has wilfully given false testimony, the presiding officer may order such person, witness or party to appear before a judge in the District Court and to be dealt with by him-
(i) in accordance with subsection (2) in the case of a person
ordered to appear under paragraph (2); and
(i) in accordance with section 18 of the District Court Ordinance in the case of a witness or party ordered to appear under paragraph (5),
42. (1) Any person who, in any hearing before the tribunal,- (d) uses a threatening or insulting expression to or concern-
ing or in the presence of a presiding officer: or
(b) behaves in an insulting manner or wilfully interrupts the
proceedings,
shall be guilty of an offence and shall be liable on summary con- viction to a fine of one thousand dollars and to imprisonment for two months.
43. Any person who, without reasonable excuse. fails to comply with-
(a) a subpoena served on him under section 20(2) to appear
before the tribunal as a witness; or
(b) an order under section 20(2) to produce any document.
record, book of account or other exhibit.
shall be guilty of an offence and shall be liable on summary con- viction to a fine of one thousand dollars.
44. Subject to section 14(5), any person who-
(a) refuses, without reasonable excuse, to comply with a lawful request made by a tribunal officer for the produc- tion to him of any records, books of account or other documents: or
(b) wilfully obstructs a tribunal officer in the carrying out of
any duty under section 14,
17
shall be guilty of an offence and shall be liable on summary con- viction to a fine of five thousand dollars.
45. The Chief Justice may make rules-
(2) regulating the procedure for applying for and the bearing of applications for review, of appeals against awards. orders or determinations of the tribunal;
(b) regulating the transfer of proceedings to the District
Court or Supreme Court;
(c) providing for matters of procedure which are not pro-
vided for in this Ordinance:
(d) prescribing anything which is to be or may be pre-
scribed:
(e) prescribing the fees and costs applicable to proceedings
in the tribunal;
(specifying what evidence shall or shall not be admissible in proceedings before the tribunal and in what manner any evidence may be proved;
(2) generally for the better carrying out of the provisions of
this Ordinance.
46. In any matter of procedure for which no provision is made by this Ordinance or by rules made pursuant to section 45 the procedure applicable shall be such as the presiding officer may determine.
47. The Ordinance shall expire on the 31st December 1975.
48. The District Court Ordinance is amended in section 29 by deleting the fullstop at the end thereof and substituting the following-
"and any such offences as it may deal with pursuant to section 41 of the Labour Tribunal Ordinance 1972.".
SCHEDULE
1.
A claim for a sum of money which arises from-
[9. 7.)
(a) the breach of a term, whether express or implied, of a contract of employment, whether for performance in Hong Kong or under an overseas contract as defined in the Contracts for Overseas Employment Ordinance; or
(b) the failure of a person to comply with the provisions of the Employment Ordinance or the Industrial Employment (Holidays with Pay and Sickness Allowance) Ordinance.
Chief Justice TMmay make rules.
Procedure generally,
Duration of Ordinance.
Amendment of Cap. 5.
(CA. 57.3 Comp. 3333