1972-HKRS28-16-20_Part01 — Page 37

Presiding officers etc. to prevent delay to the prejudice of claimant.

Place of hearing.

Hearing to be in public Unless other- wise ordered.

Language of the tribunal,

(b) all parties to the claim have agreed to an adjournment

for the purpose of conciliation.

(4) The Commissioner may, when he has been notified of an adjournment pursuant to subsection (3), hold conciliation between such of the parties to the claim as are willing to take part

(5) The Commissioner may, if after such conciliation the parties reach a settlement of the claim or if he is of the opinion that there is no reasonable likelihood of such a settlement, so advise the tribunal in the prescribed form.

(6) The Commissioner shall, unless he has carlier advised the tribunal under subsection (S), advise the tribunal as to what, if any, progress has been made in the conciliation not less than 24 hours before the date to which the claim has been adjourned.

(7) If a settlement of a claim is reached, whether as a result of conciliation or not, the terms of the settlement shall be reduced to writing in the prescribed form and signed by the parties to the settlement.

(8) A settlement, which has been reduced to writing and signed by the parties thereto, shall be filed in the tribunal.

(9) A settlement filed under subsection (8) shall be treated for all purposes as if it were an award of the tribunal.

PART V

PRACTICE AND PROCEDURE

16. Every presiding officer, registrar, deputy or assistant registrar, tribunal officer and authorized officer shall ensure that there is no avoidable delay in the determination of a claim and shall have regard to any proceedings in any other court which may result in judgments to the prejudice of the claimant.

17. A presiding officer shall sit for the disposal of the business of the tribunal at such places and times as, having regard to the convenience of the parties and witnesses, he may think fit

18. The hearing of a claim shall be conducted in public unless the presiding officer considers that in the interests of justice the hearing or any part thereof should be in private, in which case he shall order accordingly,

19. (1) The hearing of a claim or other matter ancillary thereto shall be conducted in such language as the tribunal may think fil, having regard to the language of the parties.

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(2) The presiding officer shall keep a summary of the evidence, submissions or statements made or given and of any point of law raised at the hearing and of his decision on such point of law.

20. (1) The hearing of a claim shall be conducted in an informal manner.

(2) The presiding officer may subpoena witnesses, order the production of any document, record, book of account or other exhibit and put to a party or witness such questions as he may think fit.

(3) The presiding officer shall investigate any matter which he may consider relevant to the claim, whether or not it has been raised by a party.

21. If a defendant who has been duly served with a copy of the claim and a notice of hearing fails to appear at the hearing. by himself or by a person authorized by the tribunal to appear on his behalf, the tribunal may, if it is of the opinion that the facts relating to the claim are sufficiently established, hear and determine the claim and make such award or order as it may think fit, notwithstanding the absence of the defendant.

22. (1) The presiding officer sball deliver his determination of a claim and make such award or order thereon as he may think fit as soon as possible after the conclusion of the hearing of the claim.

2 The reasons for an award or order may be given orally or in writing as the presiding officer may think fit.

(3) A presiding officer shall, when he has made an award or order orally, reduce it to writing as soon as possible, and in any case not later than fourteen days after the date of the award or order.

(4) Every party to the proceedings shall be entitled to a copy of the written award or order.

23. (1) The following persons shall have a right of audience before the tribunal-

(a) a claimant or defendant:

(b) a tribunal officer;

(c) an authorized officer;

(d) an officer or servant of an unincorporated or incorporated company or a member of a partnership. if the company or partnership is a party; and

Hearing

be informal.

Hearing of claim in absence of defendant.

Decision to

be announced at conclusion of hearing if possibla.

Right of audience.