XN000022-1986-06-04 — Page 19

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WEDNESDAY,

JUNE,

1986

18

SHORTER WAIT SOON FOR REDUNDANT WORKERS

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THE SITUATION OF WORKERS WAITING TOO MANY DAYS FOR ITIAL INTERVIEW BY THE LEGAL AID DEPARTMENT ON THE LODGING OF BANKRUPTCY OR WINDING-JP PETITIONS IS EXPECTED TO IMPROVE S ADDITIONAL QUALIFIED STAFF BECOME AVAILABLE IN THE NEAR FUTURE, THE CHIEF SECRETARY, THE HON SIR DAVID AKERS-JONES, SAID TODAY (WEDNESDAY).

REPLYING TO QUESTIONS BY THE HON PANG .CHUN-H01 IN THE LEGISLATIVE COUNCIL, SIR DAVID SAID THE WAITING PERIOD HAD INCREASED FROM FOUR TO EIGHT WORKING DAYS DUE TO AN INCREASE IN THE NUMBER OF APPLICATIONS OVER THE YEARS.

AS FOR THE WAITING PERIOD OF WORKERS' PETITIONS TO BE FILED WITH THE COURTS, SIR DAVID POINTED OUT THAT IT VARIED WITH THE CIRCUMSTANCES OF INDIVIDUAL CASES AND IT IS DIFFICULT TO MAKE A DIRECT COMPARISON OF THE WAITING PERIOD WITH THAT IN 1984-85.

HE EXPLAINED THAT WORKERS REFERRED BY THE LABOUR DEPARTMENT TO THE LEGAL AID DEPARTMENT WOULD BE INTERVIEWED BY LEGAL AID DEPARTMENT PROFESSIONAL OFFICERS IN ABOUT EIGHT WORKING DAYS.

+ A FURTHER THREE TO FOUR WORKING DAYS ARE REQUIRED FOR THE PREPARATION AND COMPLETION OF THE APPROPRIATE DOCUMENTS BEFORE A PETITION CAN BE FILED, HE SAID.

SIR DAVID NOTED THAT IN CASES WHERE NO EVIDENCE OF AN ACT OF BANKRUPTCY OR INSOLVENCY WAS IMMEDIATELY AVAILABLE, THE WAITING TIME FOR A PETITION TO BE FILED MIGHT BE LONGER BECAUSE ENQUIRIES HAD TO BE MADE TO ESTABLISH THE INABILITY OF THE EMPLOYER TO MEET HIS OBLIGATIONS TO HIS CREDITORS.

+ IF THE WORKERS RELY UPON A FINDING OF THE LABOUR TRIBUNAL THEN SEVEN CLEAR DAYS HAVE TO BE ALLOWED FOR A BANKRURTCY NOTICE, OR A 21 CLEAR DAYS FOR A NOTICE UNDER SECTION 178 OF THE COMPANIES ORDINANCE, TO BE SERVED BEFORE A PETITION CAN BE FILED,+ HE ADDED.

ON THE OTHER HAND, HE SAID, IN URGENT CASES SUCH AS THOSE WHERE THERE WAS A REAL THREAT THAT THE EMPLOYER MIGHT ATTEMPT TO DISPOSE OF ASSETS IN ORDER TO DEFEAT THE CLAIMS OF CREDITORS, THEN A PETITION COULD BE FILED WITHIN 24 HOURS.

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