1975-HKRS28-16-23_Part03 — Page 37

Authenticated Laws 確真本香港法例 All

Lanfurst of arbitration.

Rich of Anducted.

Evidence.

Wie of evidence lp av pr iminal pracolo.

(Cap. 200.)

Award of a Arbledon Tribunal.

Remudmalium

of arbltensor.

Arbitration

Ordinance

not to apply.

(Cap. 341)

Board of

Inquiry.

15. An arbitration shall be conducted in the English or Chinese language as the arbitration tribunal thinks fit

16. (1) Subject to subsection (3), the following persons shall have a right of audience before an arbitration tribunal-

(a)

any partys

(b) an office bearer of a registered trade union or of an association

of employers, if—

(1) the trade union or association is a party; or

(ij) members of the trade union or association are parties; (e) if all parties agree, a barrister or solicitor representing a party;

and

(d) subject to subsection (2), any other person representing a party, (2) An office bearer of a registered trade union or of an association of employers, or a barrister or solicitor, shall not have a right of audience on behalf of a party under subsection (1GA,

(3) A person referred to in subsection (1X(5) or (d) shall have a right of audience on behalf of a party only if he is authorized in writing by the party to represent it.

17. (1) For the purposes of an arbitration, an arbitration tribunal may require any person-

(a) to furnish, in writing or otherwise, such particulars in relation to

such matters as it may specify;

(b) to attend before it and give evidence on oath or otherwise; (e) to produce such documents as it may specify.

(2) A requirement of an arbitration tribunal under subsection (1) shall be enforceable in like manner as an order of the Supreme Court.

(3) For the purposes of an arbitration, an arbitration tribunal shall not be bound by the rules of evidence in civil or criminal proceedings.

18. Evidence given by a person in an arbitration shall not be admis sible against hire in any civil or criminal proceedings by or against him, except where he is charged with an offence under Part V (Perjury) of the Crimes Ordinance.

1% (1) On an arbitration the arbitration tribunal shall make such award as it thinks fc

(2) Where under section 12(1) an arbitration tribunal consists of 3 arbitrators, an award may be made by any Z arbitrators,

(3) The arbitration tribunal shall submit the award to the GovernoT in Council, who shall as soon as possible cause it to be published in such manner as he thinks t

20. The Governor may pay to an arbitrator such remuneration out of the general revenue of Hong Kong as he thinks filt.

21. The Arbitration Ordinance shall not apply to any arbitration, or to any award made by an arbitration tribunal. under this Ordinance.

PART IV Board of INQUIRY

21. (1) Where under section 11 the Govemar in Council refers trade dispute to a board of inquiry, he shall appoint a board of inquiry consisting of one or more members as he thinks fit.

5

(2) If a board of inquiry appointed under subsection (1) consists of two or more members, the Governor in Council shall nominate a member to be the President of the board of inquiry,

(3) The Governor in Council shall, when apprinting a board of in- quiry under subsection (1), specify the period within which the board of inquiry shall submit a report of its findings.

23. (0) A board of inquiry shall inquire into the causes and circum- stances of a trade dispute and shall submit a report of its findings to the Governor in Council.

(2) A board of inquiry may include in a report submitted under sub- section (1) such recommendation as it thinks fil

(3) A board of inquiry may, befors submitting a report of its finding, submit such interim reports as it thinks tit.

(4) The Governor in Council shall as soon as possible after the receipt of a report of a board of inquiry cause it to be published in such manner as he thinks fit.

Tetras of reference and

rsport of board di fogulty.

24. The proceedings of a board of inquiry may be held in public or Hearina to in private as the board of inquiry thinks fil

25. A board of inquiry shall sit at such places and times as, having regard to the convenience of the parties and witnesses, it thinks fit.

be la public or in privaİK.

Place of henciat.

26. The proceedings before a board of inquiry shall be conducted Lanmunac of in the English or Chinese language as the board of inquiry thinks fit.

proceedlaga,

27. (1) Subject to subsection (3) the following persons shall have a Right of right of audience before a board of inquiry-

(a) any party;

(b) an office bearer of a registered trade union or of an association

of employers, if...

() the trade union or association is a party: or

(ii) members of the trade union or association are parties: and

(c) subject to subsection (2), any person (including a barrister or

solicitor) representing a party.

(2) An office bearer of a registered trade union or of an association of employers shall not have a right of audience on behalf of a party under subsection (1MG).

(3) A person referred to in subsection (1)(b) or (c) (other than a barrister, or solicitor) shall have a right of audience on behalf of a party paly if he is authorized in writing by the party to represent it

mudience.

28. (1) For the purposes of an inquiry, a board of inquiry may Byldence, require any person-

(a) to furnish, in writing or otherwise, such particulars in relation to

such matters as it may specify;

(b) to attend before it and give evidence on oath or otherwise; (c) to produce such documents as it may specify.

(2) A requirement of a board of inquiry under subsection (1) shall be enforceable in like manner as an order of the Supreme Court,

(3) For the purposes of an inquiry, a board of inquiry shall not be bound by the rules of evidence in civil or criminal proceedings.

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