1958-HKRS30-8-48_Part02 — Page 35

Statements filed under rules 6,

10 and 12 not to be disclosed

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30. The contents of any statement filed in accordance with rule 5, rule 10, or rule 12 hereof shall not be disclosed to the tribunal until after the decision of the tribunal is made knOWTL. If the tribunal shall award to any claimant by way of compen- to tribunal. sation an aggregate sum equal to or less than the aggregate sum offered to the claimant by the Director of Public Works by way of compensation either before or after the reference of the dispute to the tribunal, the claimant shall bear the costs of the reference of the dispute to the tribunal unless the tribunal shall order otherwise.

Right of audience.

(Cap. 32).

(Cap. 87).

Non- compliance with rules.

Mode of giving. Decision of tribunal,

31. In any proceedings before the tribunal any of the follow- ing persons may address the tribunal, namely-

(d) any party to the proceedings, provided always that such party is not a company incorporated under the Companies Ordinance or other corporate body. A company or other corporate body shall be represented by a solicitor acting on its behalf or by a barrister retained on its behalf; (b) in the case of the Director of Public Works, a legal

officer as defined by the Legal Officers Ordinance; (c) a barrister retained by or on behalf of any party; (d) a solicitor or any member of a firm of solicitors acting generally in the proceedings for a party thereto, but not a solicitor retained as an advocate by a solicitor so acting.

32, Non-compliance with any of these rules shall not render void any proceedings in any dispute referred to the tribunal unless the tribunal or the Registrar shall so direct, but such proceedings may be set aside either wholely or in part as itregular or may be amended or otherwise dealt with in such manner and upon such terms as the tribunal or the Registrar may direct.

33. After the hearing of any dispute referred to the tribunal, the tribunal may give their decision in writing signed by the members of the tribunal and it may be sent or delivered to the claimant and the Director of Public Works and to any other party to the proceedings and it shall not be necessary for the tribunal to meet merely for the purpose of announcing any decision;

Provided that where the tribunal reserve their decision in a dispute referred to them in which an offer has been made by the Director of Public Works either before or after the reference of

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the dispute to the tribunal, the tribunal may be informed of the fact that such an offer has been made before the tribunal adjourns having reserved its decision and, in the event of the tribunal not meeting for the purpose of giving their decision, either party may apply after the decision of the tribunal has been made known for any question of costs which may arise as a result of the decision of the tribunal to be set down for argument before the tribunal.

34. The decision of the tribunal may include an order as to Costs. the costs of the proceedings and may direct to whom or by whom such costs or any part thereof shall be paid and in what manner and by whom such costs shall be assessed or taxed.

35. The provisions of rules 7, 9, 10, 13, 17, 18, 19, 20, 23 Third and 25 where applicable shall apply to a third party appearing parties. by reason of paragraph (b) of rule 4.

36. The forms set out in the Schedule are prescribed for use forma. under these rules.

Schedule.

SCHEDULE,

For 1.

[rule 46.1

Irule 3.1

AIRPORT OBSTRUCTIONS COMPENSATION TRIBUNAL RULES, 1856.

Notice of Intention.

A dispute existing between (aame and address of claimant)

and the Director of Public Works as to there state nature of the dispute)

and no agreement, having been reached I hereby give notice of my intention to refer the said dispute to the Airport Obstructions Compensation Tribunal for hearing and determination.

Name and address of person giving notice.

Name and address of said person'a Bolieltors (if any).

To be addressed to the Director of Public Works, or the claiment, as the case may be, and to all other partics to the dispute (if any).

Dated the

day of

(Signed by or on behalf of the Mlaimani ng the Director of Public Works).

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