1972-HKRS28-16-20_Part01 — Page 34

Establishmeal

of tribunal.

2

"claimant" means a person seeking relief other than-

(a) a defendant entering a counterclaim; and

(8) a person who is being represented in a representative

claim:

"Commissioner" means the Commissioner of Labour; "conciliation" means a discussion or action initiated or under- taken by an authorized officer for the purpose of reaching a settlement of a claim;

"contract of employment" meats-

(a) an agreement, whether express or implied by law, whereby one person agrees to employ another and that other agrees to serve his employer as an employee whether payment is to be on a price, task or time basis and wherever the services are to be rendered; and (b) a contract of apprenticeship: “defendant" means a person against whom relief is sought by a

claimant other than-

rl.

(a) a claimant against whom relief is sought by way of

counterclaim;

(b) a person who is being represented in a representative

claim;

"employee" means a person who has agreed to serve as an

employee under a contract of employment;

"party" means a claimant or defendant and any person joined

as a third party:

"presiding officer" means a presiding officer appointed under

section 4:

"registrar" means the Registrar of the Labour Tribunal;

"representative claim" means a claim brought in the name of one claimant on behalf of himself and one or more other claimants;

"tribunal" means the Labour Tribunal established by section 3

and a presiding officer appointed under section 4; "tribunal officer" means a tribunal officer appointed under sec-

tion 5.

3.

PART II

CONSTITUTION of Tribunal

(1) There is hereby established a tribunal to be known as the Labour Tribunal which shall be a court of record with such

jurisdiction and powers as are conferred on it by this and any other Ordinance.

(2) All proceedings in the tribunal shall be heard and deter- mined by a presiding officer sitting alone.

(3) The tribunal shall have a scal of a design approved by the Chief Justice, and all awards, summonses, and other pro- cesses of the tribunal shall be sealed therewith.

4. {1} The Governor may appoint one or more presiding Appointment officers, who shall constitute the tribunal.

of presiding officers.

(2) Subject to subsection (3), an appointment made under subsection (1) may be given retrospective effect.

(3) No person appointed as presiding officer shall discharge any judicial function before the date of the instrument by which he is appointed or before the requirements of section 2 of the Promissory Oaths Ordinance have been fulfilled,

5. The Governor may appoint such number of tribunal officers as be may think fit, who shall exercise such powers and perform such duties as are conferred on them by this and any other Ordinance.

6. (1) There shall be attached to the tribunal a registrar and such number of deputy or assistant registrars. bailiffs, clerks. interpreters and other officers as the Governor may consider necessary.

(2) In addition to the powers and duties conferred or im- posed by this and any other Ordinance, the registrar, any deputy or assistant registrar, bailiff, clerk, interpreter and other officer attached to the tribunal may exercise such powers and perform such duties, insofar as the same are applicable to the business of the tribunal, as those exercised or performed by the Registrar, deputy registrar, assistant registrar, bailiff, clerk, interpreter or other officer attached to the Supreme Court under section 18(1) of the Supreme Court Ordinance.

(3) Any act which under this or any other enactment is required or authorized to be done by the registrar may be per- formed by a deputy registrar or assistant registrar of the tribunal and any process of the tribunal may be executed by any bailiff thereof notwithstanding that it may bave been directed personally to some other bailiff.

(4) In exercise of his powers and performance of his duties under this Ordinance, a person to whom this section applies shall be subject to the same liabilities and penalties and have the benefit of the same protection as attached by virtue of the

GA DUL C. OK. Sec. 4.1

(C&#. 90

Tribunal officers.

Officers of the tribunal

(CAP. 4)