1947-HKRS28-8-14_Part03 — Page 15

Authenticated Laws 確真本香港法例 All

Ordinance No. 31 of 1911.

Cooslitation and power

14

shall be and shall continue to be, Tenancy Tribunals within the meaning of and for the purposes of this Ordinance and all persons by or under the said Regulations appointed to form à Tenancy Tribunal Panel or thereafter appointed to be members of such Panel shall be deemed to be and shall be members of the Tenancy Tribunal Panel for the purposes of this Ordinance,

(2) Every order or decision of a Tenancy Tribunal made before the commencement of this Ordinance shall, subject to any right of appeal therefrom, be and remain in force and effect may be given to such order or decision and such order shall have the like effect in all respects as if the same had been made after the commencement of this Ordinance.

(3) Subject to the provisions of section 12 of the Inter- pretation Ordinance, 1911, all proceedings pending before any Tenancy Tribunal at the commencement of this Ordinance shall be continued before such Tribunal in all respects as if the same had been commenced under the provisions of this Ordinance.

(4) Every notice given before the commencement of this Ordinance which would have been valid under the provisions of the said proclamation or any amendment thereof or any regulation made thereunder and which would have been valid if given after the commencement of this Ordinance, shall be valid and effectual for all the purposes of this Ordinance.

28. (1) Any three members of the Tenancy Tribunal of Tribunals. Panel, when authorised in that behalf by the Chief Justice or his delegate or any Magistrate citting alone, shall constitute Thay exercise all the powers and discharge all the functions of a Tenancy Tribunal for the purposes of this Ordinance at such place or places as the Chief Justice or his delegate may direct.

and

(2) Every Tribunal shall have and may exercise any of the powers, rights, and privileges following, namely:

(a) to enforce the attendance of parties and witnesses and examine them upon oath or otherwise;

(b) to compel the discovery, inspection and produc- tion of documents;

(c) to enter and view or to order the inspection of any premises the subject matter of any application;

(d) to call in the aid of one or more assessore or experts to assist in the determination of any application. (3) A summons or order under the hand of the presiding member of any Tribunal or of such Magistrate as aforesaid, as the case may be, issued or made for the purpose of exercising any of the foregoing powers, rights and privileges shall be of like force and effect as the corresponding form of process issued in any action or suit for the like purpose and may be enforced by a bailiff or other officer of the Supreme Court in like manner as such form of process would be enforced.

(4) Where a Tribunal consists of members of the Tenancy Tribunal Panel the decision or order of a majority of members of auch Tribunal shall be deemed the decision or order of the Tribunal. If the Tribunal is unable to agree upon a decision or order the Tribunal shall state in the form of a Special Case for decision by the Court, the matter upon which an agreement cannot be reached.

16

(5) Any Tribunal may at any stage in the proceedings before it state in the form of a Special Case for the opinion of the Court any question of law arising in the course of the proceedings.

(6) (a) Every member of the Tenancy Tribunal Panel shali on his appointment to be a member of a Tribunal take oath in the following form:

"I,

swear by Almighty God that I will well and truly adjudicate upon all matters before the Tenancy Tribunal without fear or favour affection or ill-will.”

(6) Every interpreter at any proceedings before the Tribunal shall before he interprets have sworn in the following

manner:

swear by Almighty God that I will well and truly interpret all matters which I am required to do in any proceedings in the Tenancy Tribunals and that I will not add anything thereto or take anything therefrom."

29. Without prejudice to any right of appeal or to any Reformat other mode of enforcement authorised by this Ordinance, any of Order of order of a Tenancy Tribunal, whether made before or after the commencement of this Ordinance, may be enforced as if it were an order of the Supreme Court.

Tribuni,

30. (1) It shall be lawful for the Chief Justice to make general rules and orders for regulating the procedure, business and hours of Tenancy Tribunals and of the offices connected therewith and in respect of appeals therefrom and the forms to be used and the fees to be payable therein and also the fees of counsel and the costs of solicitors. Provided always that no such rules or orders shall be binding until the same have been approved by the Legislative Council and have been published in the Gazette.

(2) The rules and forms contained and the fees specified in the Schedule to this Ordinance shall be of like effect as if they had been made, approved and published under the provisions of sub-section (1) of this section.

time

31. It shall be lawful for the Chief Justice from time to

(a) to appoint such additional persons as he may think fit to be members of the Tenancy Tribunal Panel and to remove the name of any person from such Panel; and

(b) to appoint such Tribunals as he may deem necessary for the purposes of this Ordinance.

32. (1) The Governor in Council may, in his absolute discretion and without the necessity of hearing any interested party, by order exclude from the further application of this Ordinance any premises or any class of premises. Upon any such order being notified in the Gazette the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the notification of such order and shall be entitled to such notice to quit, as would have been required under the original contract of tenancy, or, if such notice has

Payeer to wake general ordea.

rales and

Appoint monk of

members of Tenency

Tribank Faul and Teusncy Trilans!..

Power to

do paration st dedinance.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.