1959-HKRS28-8-26_Part02 — Page 33

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(c) punishing persons behaving in an insulting manner or using any threatening or insulting expression to or concerning or in the presence of the Compensation Board or the Land Tribunal, as the case may be:

(d) ordering an inspection of premises; and

(e) entering upon and viewing premises.

(2) Proceedings before the Compensation Board and the Land Tribunal shall be heard in public.

(3) All questions arising in any proceedings before the Compensa- tion Board shall, in the event of a difference between the members, be decided by the majority:

Provided that any question touching the procedure to be followed or the admissibility of evidence or any other question declared by him to be one of law shall be decided by the chairman of the Compensation Board.

(4) Any decision of the Compensation Board or, save as provided in section 14, of the Land Tribunal shall be final:

Provided that any party dissatisfied with the decision as being erroneous in point of law may, within one month after the decision, require the chairman of the Compensation Board or the Land Tribunal, as the case may be, to state and sign a case for the decision of the Full Court.

(5) No determination of the Compensation Board or the Land Tribunal shall be set aside for irregularity or error in matter of form.

(6) The Compensation Board may, in its discretion, award costs. either for or against the Crown or for or against any party to any proceedings before the Compensation Board.

(7) The Land Tribunal may, in its discretion, award costs, either for or against the Crown or for or against any party to any proceedings before the Land Tribunal, including any review under the provisions of section 14.

(8) Costs awarded by the Compensation Board or the Land Tribunal may include an amount in respect of any remuneration to the clerk thereto and, in the case of costs awarded by the Compensation Board, may also include an amount in respect of any remuneration to any member of the Compensation Board.

(9) Any costs awarded by the Compensation Board or the Land Tribunal shall, if the Crown or any other party so requests, be taxed by the Registrar of the Supreme Court on such scale as the Compensation Board or the Land Tribunal, as the case may be, shall prescribe.

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(10) The clerk to the Land Tribunal shall notify the Director and any person whose claim for compensation has been referred to the Land Tribunal under the provisions of subsection (2) of section 6 and any person who has made a claim for compensation under and in accordance with the provisions of paragraph (6) of subsection (1) of section 7 or of subsection (2) of section 8 of the date and time fixed for the hearing of the claim, including any adjourned hearing thereof, and of the date and time at which the Land Tribunal will deliver its findings.

(11) The clerk to the Compensation Board shall notify each of the parties to any dispute which has been referred to the Compensation Board under the provisions of subsection (4) of section 11 of the date and time fixed for the hearing of the dispute, including any adjourned bearing thereof, and of the date and time at which the Compensation Board will deliver its findings.

17. The conduct of every inquiry by the Land Tribunal shall be Conduct in the hands of the Land Tribunal and. save with the permission of of inquiry

by Land the Land Tribunal, no person may call any witness or examine or Tribunal and cross-examine any witness or address the Land Tribunal either himself right to call or by counsel or a solicitor on his behalf.

witnesscs and to address

Land Tribunal.

dion Board

18. The Compensation Board may, if the chairman thinks fit, hear. Power of at the same time, more than one claim for compensation referred to it Compensa under the provisions of subsection (4) of section 11, and the Land and Land Tribunal may, if it thinks fit, hear, at the same time, more than one Tribunal to claim referred to it under and in accordance with the provisions of hear more subsection (2) of section 6 or made under and in accordance with the claim a provisions of paragraph (6) of subsection (1) of section 7 or of sub- sume time. section (2) of section 8.

than one

19. In any inquiry by the Land Tribunal into any claim by any Cous of person to be entitled under the provisions of this Ordinance to recover proof in compensation, the burden of proof shall lie on such person.

proceedings Before Land Tribunal,

Compensa-

20. Save in so far as provision is made therefor in this Ordinance, Practice and the practice and procedure in and in connexion with any proceedings procedure of before the Compensation Board and the Land Tribunal shall be such tion Board as the chairman of the Compensation Board or the Land Tribunal, as and Land the case may be, may, from time to time, determine.

Tribunal.

21. Where the Crown is represented in any proceedings before Provisions the Land Tribunal. the Crown shall not be deemed to be appearing as to solely in its capacity as landlord.

capacity in

which Crown appears before Lond

Tribunal.