1972-HKRS28-16-20_Part01 — Page 38

Claims may be joined.

Representative claims

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(e) with the leave of the tribunal, an office bearer of a registered trade union or of an association of employers who is authorized in writing by a claimant or defendant to appear as bis representative.

(2) No barrister or solicitor, unless he is acting on his own behalf as a claimant or a defendant, shall have a right of audience before the tribunal.

24. (1) 1 two or more claims are filed and it appears to the tribunal that-

(2) a common question of law or fact arises in both or all

of them:

(b) the claims arise out of the same cause of action; or (c) it would be in the interests of justice,

the tribunal may order that such claims be joined."

(2) The power conferred by this section may be exercised notwithstanding that an inquiry into or bearing of one or more of the claims has been commenced.

25. (1) Subject to subsection (2), if two or more persons" have claims against the same defendant, such claims may be brought in the name of one of such persons as the representative of some or all of them.

(2) The tribunal may, if at any stage of the proceedings, It i considers that the bringing of a representative claim may prejul- dice the defendani, order that the claims of all or any of the persons represented shall be inquired into separately.

(3) Each person represented in a representative claim shaft be deemed to have authorized the representative on his behalf to-

(a) call and give evidence and make submissions to the tribunal on any matter arising during the inquiry into the claim;

(6) file affidavits, statements or other documents;

(c) agree to a summary of facts prepared by a tribunal

officer:

(d) agree to an adjournment or change of venue;

(a)

agree to the holding of and to take part in conciliation; agree to a settlement of the claim on such terms as he may think fit:

(g) consent to the tribunal having jurisdiction over a claim

pursuant to section 9:

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(A) amend the claim in respect of all or any of the individual

claims or to abandon the claim; and

(1) act generally in as full and free a manner as such

claimant could act himself.

(4) The authority deemed to be given to a representative by subsection (3) shall not be withdrawn save by leave of the tribunal.

(5) In making an award in respect of a representative claim the tribunal may allocate such part of the award to each person represented as it thinks fit and the amount so allocated shall, for the purposes of section 38 of the Bankruptcy Ordinance and section 265 of the Companies Ordinance (which provide for prior payment in bankruptcy and winding-up of certain debts), be con- sidered as a separate award.

(6) The tribunal may, at any time before making an award, grant leave to any person to join as a person represented in a claim on such terms as it may think fit

(7) The tribunal may cause public notice to be given, in such manner as it may think fit, of the particulars of a repre- sentative claim which has been filed and of the date and place which have been fixed for the hearing of the claim.

26. (1) If two or more persons are defendants to a claim, as partners or otherwise, it shall be sufficient to serve any of them with process and an award may be obtained and execution issued against any person so served notwithstanding that any other persons jointly liable may not have been served or been a party or may not be within the jurisdiction of the tribunal.

(2) If an award is made against a person in accordance with subsection (1) and is satished by that person, he shall be entitled to recover in the tribunal contribution from any other person jointly liable with him.

(3) An award obtained against a person in respect of his liability jointly with any other person shall not release such other person from liability under the award.

(4) A person who is sued in respect of his liability jointly with any other person may set up any defence or counterclaim which he would have been entitled to set up if all the persons liable had been made defendants.

(S) If two or more persons are joined as defendants, the claimant may obtain an award against any one or more of the defendants and may enforce the award without prejudice to his right to proceed with the action against any other defendant.

(Cap. 6.)

(CBD. 32.)

Joint defend- ants.