1975-HKRS28-16-23_Part04 — Page 52

(Cap 4.1

Power of Fol

Churt on

Ta

Procedure on Appeal

Stay of

execOHON DA ADDER.

Enforceme towered pf Gitumal.

Tajere DA

wwards.

may, within 7 days after the date on which the award or order of the tribunal was reduced to writing apply to the Full Court for leave to appeal and the Full Court may grani such leave if it thinks ÖL

(2) Ao application for leave to appeal under this section shall be- (a) in the prescribed form, specifying the ground of the appeal and

the reasons in support of Buch ground; and

(b) lodged with the Registrar of the Supreme Court.

(3) A refusal by the Full Court to grant leave to appeal shall be final (4) Nothing in this section shall affect any right of appeal under section 37A of the Supreme Court Ordinance.

29. (1) On an appeal under section 28, the Full Court may-

allow the appeal;

(2)

(b) dismiss the appeal; or

(2) remit the matter to the tribunal with such directions as it thinks fit, which may include a direction to the tribunal for a new hearing.

(2) On an appeal under section 28 the Full Court may-

(a) draw any inference of fact: and

(8) make such order as to costs and expenses as it thinka fil

but may not-

() reverse or vary any determination made by the tribunal on ques

tions of fact; or

(ii) receive further evidence.

30. Subject to this Part, an appeal from the tribunal shall be brought in such manner and shall be subject to such conditions as may be prescribed.

31. The filing of an application for leave to appeal under section 28 shall not operate as a stay of execution of an award or order unless the tribunal or Full Court, as the case may be otherwise orders and any stay of execution may be subject to such conditions as to costs, payment into the tribunal, the giving of security or otherwise as the tribimal or Full Court thinks GL

PART VI

MISCELLANEOUS

32. An award of the tribunal may be enforced in the same manner as a judgment of the District Court.

33. (1) The tribunal may include in the amount of an award interest at such rate as may be prescribed on the whole or any part of the sum claimed for the whole or any part of the period between the date when the cause of action arose and the date of the award.

(2) The powers conferred by subsection (1) may be exercised— (a) whether or not interest is expressly claimed;

(6) at any time after the date of the award if it appears to the tribunal that the failure to claim or to award interest was through in- advertence; and

(3) where an award is made against the defendant in his absence.

34. (1) In a joint or representative claim the amount of an award men of shall be paid into the tribunal and there shall be allocated to the parties to award. the claim the sum of money claimed by each claimant or person represented,

(2) When money is paid into the tribunal by a defendant, in full or part discharge of an award made against him in a joint or representative claim, the defendant shall be deemed to have satisfied his liability under the award to the extent of the amount so paid and shall not be liable to any claimant as to the manner in which such money is allocated by the tribunal

35. (1) Any person on whom a surumons under section 16 has beco served who-

(a); refuses or neglects, without sufficient cause, to appear or produce

any documents required by the summons to be produced; or (b) refuses to be sworn or give evidence,

shall forfeit such fine not exceeding $1,000 as the adjudicator may direct,

(2) A person to whom subsection (1) applies shall not forfeit a fine under that subsection unless there has been paid or tendered to him at the time of service of the summons a reasonable sum in respect of his expenses including any loss of salary or wages.

(3) Any person present before the tribunal who is required to give evidence but refuses to be sworn or to give evidence shall forfeit a fine in accordance with subsection (1)

(4) An adjudicator may, in his discretion, direct that the whole or any part of any such fine shall, after deducting the costs, be applied towards indemnifying the party injured by the refusal or neglect but without pre- judice to the right of the party so injured to institule civil proceedings in respect of the injury.

36. The Chief Justice may make rules--

(a) regulating the procedure for-

(i) applying for leave to appeal, and the hearing of such applica- tions, under section 28;

(i) the hearing of appeals under section 29;

(b) regulating the transfer of proceedings to the District Court or the

Supreme Court;

(e) providing for matters of procedure which are not provided for In

This Ordinance;

(d) prescribing anything which is to be or may be prescribed;

(e) prescribing the fees and costs applicable to proceedings in the

ibunal;

(f) generally for the better carrying out of the provisions of this

Ordinance.

Penalty for neglect of winer BASCHETED CHOUM. 1959

4. I. 1. 24.

Culet Jundce car trake ful

37. Where no provision is made by this Ordinance or rules made under Procedure section 36, the practice and procedure in the tribunal shall be such as the scncrally. tribunal may determine, either generally or in any particular proceeding.

38. This Ordinance binds the Crown,

Application to Crown.

39. This Ordinance shall expire at the end of 3 years from the com- Duration of mencement of the Ordinance, unless continued in force by a resolution Oraloance. of the Legislative Council.