1974-HKRS28-16-22_Part04 — Page 32

Award of

arriving at that decision, may apply, within fourteen days after the decision has been given, in writing to the clerk to the Tribunal requesting the President, or the member of the Tribunal presiding over the proceedings in question-

(d) to state in writing the decision of the Tribunal and the

reasons therefor; and

(b) to submit these documents to the Full Court for its

decision on the alleged error of law.

(3) On an appeal submitted to it under subsection (2), the Full Court may thereupon-

(a) affirm, reverse or vary the decision of the Tribunal; or

(6) remit the matter to the Tribunal for its determination on fact in the light of the decision of the Full Court given on a point of law.

(4) Without prejudice to subsection (2), the President may, of his own motion, refer a matter to the Full Court by way of case stated.

12. The President or member presiding over any proceedings costs by the before the Tribunal may, at his discretion, award costs to any Tribunal.

party to any proceedings before the Tribunal under such circum- stances, and subject to such conditions, as he thinks fit.

Compensa- tion, etc. determined by Tribunal payable out of general

revenue.

13. Subject to the provisions of any other Ordinance- (a)

any sum of money determined by the Tribunal as com- pensation payable by the Government in any case sub- mitted to the Tribunal under section 8 and any interest payable thereon;

(b) any sum of money determined by the President as remuneration to, or emoluments or expenses of any person selected by the President to assist the Tribunal in the hearing of any proceedings before the Tribunal;

(c) any sum of money determined by the President as re- muneration to, or emoluments or expenses of, any assessor hearing any proceedings before the Tribunal; and

(d) any costs awarded by the Tribunal against the Govero-

ment in any proceedings before the Tribunal,

shall be paid out of the general revenue of the Government.

14. (1) In exercising its jurisdiction under section 8, the Saving in Tribunal shall make its determination in accordance with the respect of

other provisions of the Ordinance under which the matter is submitted Ordinance. to it for determination and in accordance with the provisions of any subsidiary legislation made thereunder.

(2) Nothing in this Ordinance shall affect the operation of any Ordinance under which a matter is submitted under section 8 of this Ordinance to the Tribunal for determination except so far as relates to the determination of-

(a) the amount of compensation (if any) payable by the Government în respect of any claim submitted to it under subsection (1) or (2) of section 8: or

(6) any appeal submitted to it under section 8(4).

15. The Governor may, by order published in the Gazette, Governor's amend the First Schedule.

power to wnend First Schedule.

16. The Ordinances specified in the Second Schedule are Consequen- amended in the manner specified therein.

FIRST SCHEDULE

[5. 8(1) & 15.]

ORDINANCE UNDER WHICH MATTERS MAY BE SUBMITTED TO THE TRIBUNAL FOR DETERMINATION

Chapter Nurnber

Short title

113.

Public Reclamations and Works Ordinance.

116.

Rating Ordinance.

124.

Crown Lands Resumption Ordinance.

127.

Foreshores and Sea Bed Ordinance.

130.

Streets (Alteration) Ordinance.

301..

Hong Kong Airport (Control of Obstructions) Ordinance.

337.

Bnce.

Demolished Buildings (Re-development of Sites) Ordin-

tial unend- ments of other Ordinances.

Soodall Schedule,