1972-HKRS28-16-20_Part01 — Page 35

Jurisdiction

al tribunal.

Schedule.

Power to amend Schedule.

Limitation.

Declining jurisdiction.

Filing claims.

Supreme Court Ordinance to a person exercising or performing similar powers or duties under that Ordinance.

(5) The Commissioner may authorize any public officer to assist in conciliation under this Ordinance.

PART 111

JURISDICTION

7. (1) The tribunal shall have jurisdiction to inquire into, bear and determine the claims specified in the Schedule.

(2) Save as is provided in this Ordinance, no claim within the jurisdiction of the tribunal shall be actionable in any court in Hong Kong.

8. The Legislative Council may, by resolution, amend the Schedule.

9. (1) Subject to subsection (2), the tribunal shall not have jurisdiction to inquire into or determine a claim or part of a claim if the cause of action arose more than six months before the date on which the claim is filed, unless the parties to the claim, by a memorandum signed by them and filed with the registrar, have agreed that the tribunal shall have jurisdiction.

(2) When the cause of action in a claim arose partly before and partly after the six month period of limitation prescribed by subsection (1), the tribunal may, with the consent of the parties, sever that part of the claim over which it has no jurisdiction and hear and determine the part over which it has jurisdiction.

(3) Nothing in this section shall preclude the institution of proceedings in the Supreme Court or in the District Court in respect of a claim which, by reason of the expiration of the limita- tion period prescribed by subsection (1), is not actionable in accordance with this Ordinance.

10. (1) The tribunal may, at any stage of proceedings, if it is of the opinion that for any reason the claim should not be heard and determined by it, decline jurisdiction.

(2) The tribunal may, when it declines jurisdiction under subsection (1), transfer the claim to the Supreme Court or the District Court, in such manner as may be prescribed.

PART IV

COMMENCEMENT OF PROCEEDINGS

11. (1) A proceeding in the tribunal shall be commenced by filing a claim with the registrar.

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(2) Subject to subsection (3), a claim shall be in writing in the prescribed form, in either the English or Chinese language. and shall be signed by the claimant.

(3) The registrar may permit a claim to be made orally and shall cause it to be reduced to writing, in the language in which it is made, and shall supply a copy thereof to the claimant.

(4) Subject to subsection (5), a claim shall be signed by cach claimant and person represented as being correct to the best of his knowledge and belief.

(5) In any joint or representative claim-

(a) the registrar may permit the claim to be filed if it has not been signed by all the claimants or persons repre- sented named therein on condition that all such claimants or persons will do so before the date of hearing; and

(b) the name of a claimant or person who has not 30 signed the claim before it is beard may, if the presiding officer so directs, be struck out of the claim and the amount of the claim reduced accordingly.

12. A claim shall contain-

(a) the name and address of each claimant, and, in the case of a representative claim, the name and address of each person represented;

(6) the name and address of each defendant;

(c) the sum of money claimed by each claimant or person

represented;

(d) such particulars of the claim as shall be reasonably sufficient to inform the defendant of the grounds for the claim and of the manner in which the amount claimed by each claimant or person represented has been calculated.

13. (1) The registrar shall, when a claim has been filed- (a) fix a place and date for hearing of the claim which shall, unless the parties otherwise agrec, be not earlier than ten days nor later than thirty days from the fling of the claim; and

(b) cause a copy of the claim, together with a notice in the prescribed form of the date and place of hearing. to be served on every defendant to the claim in the manner prescribed under subsection (2).

(2) Service of a copy of the claim and of a notice of hearing-- (a) shall be carried out by such person as may be appointed

by the registrar for this purpose; and

Contents of claims.

Service of claim and notice of hearing.