1972-HKRS28-16-20_Part01 — Page 39

Evidence.

Costs.

Frivolous ar vexatious claims.

Adjournments.

Review of awards and orders.

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27. (1) The tribunal may at any time during the hearing of a claim allow a witness or a party to give evidence on cath

or unsworn.

(2) The rules of evidence shall not apply to proceedings in the tribunal. which may receive any evidence which it considers relevant

28. (1) Subject to subsection (2), the tribunal may award to a party costs and expenses, which may include----

(a) any reasonable expenses necessarily incurred and any loss of salary or wages suffered by that party; and (b) any reasonable sum paid to a witness for the expenses necessarily incurred and any loss of salary or wages suffered by him,

in attending a hearing of the tribunal or in being interviewed by a tribunal officer.

(2) In making an award of costs under this section, the Tribunal shall include a direction as to the amount to be paid by each party who is so liable to pay costs.

(3) An award of costs shall be enforceable in the same way as any other award made by the tribunal.

29. The tribunal may at any time dismiss a claim which it considers to be frivolous or vexatious on such terms as to payment of costs as it may think fit.

30. The tribunal may, if it is of the opinion that an adjourN- meat of the hearing of a claim may result in prejudice to a party because of the disposal or loss of control of assets by a defendant, grant an adjournment only on payment into the tribunal of such sum of money, or the giving of such other security for the payment of the amount of any award, as the tribunal may think sufficient.

PART VI

REVIEW AND APPEAL

31. (1) Except where a party has filed a notice of appeal and does not agree to withdraw the appeal, a presiding officer may, within fourteen days from the date of an award or order given or made by him, review the award or order and on such review may re-open and re-hear the claim wholly or in part and may call or hear fresh evidence and may confirm, vary or reverse his previous award or order.

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(2) The power conferred by subsection (1) may be exercised- (0) by presiding officer of his own motion, on notice in

the prescribed form to all parties:

(6) on the application of a party within seven days, on

notice in the prescribed form to all other parties.

(3) The exercise of the power conferred by subsection (1) shall not operate as a bar to appeal by a party against the award or order or thereafter against the determination of the review.

(4) On the application of a party for a review of an award or order, the presiding officer, having regard to the possibility of assets which may be available to satisfy an award being disposed of to the prejudice of any party, may make such order regarding payment into the tribunal, giving of security or other- wise as he may think fit.

(5) A presiding officer may transfer the bearing and con- sideration of a review to another presiding officer who shall have all the powers and functions which he would have if he had originally heard the claim and had prepared the record of pro- ceedings.

32. (1) A party may appeal to the District Court against a determination by the tribunal on the grounds that such deter. mination is erroneous in point of law or is outside the jurisdic- tion of the tribunal.

(2) An appeal under this section shall be brought by lodging with the registrar, within seven days of the determination, a notice of appeal in the prescribed form which shall set out the point of law in question and the grounds upon which the defer- mination is challenged.

(3) The decision of the District Court on an appeal under this section shall be final.

33. (1) A party may appeal to the District Court against

■ determination by the tribunal on the grounds that such deter- mination was wrong in that-

(a) a witness gave evidence which he knew to be false: and (6) such evidence was accepted by the presiding officer as

true and was material to his determination.

(2) An appeal under this section shall be brought by filing with the registrar, within seven days of the determination, a notice of appeal in the prescribed form which shall set out a summary

Appeal to

District point of law.

Court on

Appeal to District Court on ground of perjury,