1959-HKRS30-8-49_Part03 — Page 11

Service by post,

Statements Bled under rule ? not to be dis closed to tribunal

Right of audicace.

(Cap. 32).

(Cap. 87).

Non-comm-

pliance with rules.

Mode of giving deci. sion of tribunal.

23. Where by these rules, any notice is required or authorized w be served or given or any document is required or authorized to be filed or any communication is required or authorized to be made or any document transmitted to or by the Registrar or to or by any party. the same may be done by registered post.

24. The contents of any statement filed in accordance with rule 7 hereof shall not be disclosed to the tribunal until after the decision of the tribunal is made known. If the tribunal shall award to any claimant by way of compensation an aggregate sum equal to or less than the aggregate sum offered to the claimant by the Attorney General by way of compensation in accordance with rule 7, the claimant shall bear the costs of the submission of the claim to the tribunal unless the tribunal, shall order otherwise.

25. In any proceedings before the tribunal any of the following persons may address the tribunal, namely—

(a) 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 Attorney General, 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.

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

27. After the hearing of any claim submitted to the tribunal, the tribunal may give its decision in writing signed by the members of the tribunal and it may be sent or delivered to the claimant and the Attorney General 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 reserves its decision in a claim submitted to it in which an offer has been made and a statement filed pursuant to rule 7 by the Attorney General, the Registrar shall transmil such statement to the tribunal before the tribunal adjourns having reserved its decision and, in the event of the tribunal not meeting for

the purpose of giving its 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 ser down for argument before the tribunal,

28. The decision of the tribunal may include an order as to the Costs. 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 wborn such costs shall be assessed or taxed.

29. The provisions of rules 4, 6, 8, 11, 12, 13, 14, 17 and 19 where Third applicable shall apply to a third party appearing by reason of para- parties. graph (d) of rule 3.

30. The forms set out in the Schedule are prescribed for use under Forms. these rules:

Schedule.

Provided that where no forms are prescribed the appropriate form set out in the Schedule to the Code of Civil Procedure may be used with (Vol. VII. such variation as circumstances may require,

SCHEDULE.

Form 1. General Heading.

[r. 30.]

TO PUBLIC RECLAMATIONS. AND WORKS COMPENSATION TRIBONAL, HONG KONG.

Case No.

of

Betwest:

and

FORM 2.

Claimant.

Respondent.

Order to Attend and Give Evidence and to Produce Documents. [Heading as in Form 1]

To

of

You are hereby ordered to attend before

#

00

the

19

at

o'clock in the

[r. (5)

day of

noom and so

from day to day until the above cause has been heard to give evidence in the above proceedings on behalf of

(and to bring with you and

to produce at the hearing the documents hereinafter specified).

Daled the

day of

The order is made on the application of

Cor

4

19

Registrar.

(Solicitor

P.##.