TNAG-0451-FCO40-516-Legislation-for-labour-tribunals-in-Hong-Kong-1974 — Page 22

7.

LABOUR TRIBUNAL (AMENDMENT)

Ord. No. 29/74

A233

Section 37 of the principal Ordinance is repealed and Repeal and replaced by the following-

"Stay of execution on review or appeal.

8.

37. Neither a decision by a presiding officer to exercise his power of review under section 31 nor the filing of an application for leave to appeal under section 32 or 33 shall operate as a stay of execu- tion of an award or order unless the presiding officer or District 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 presiding officer or District Court may think fit.".

replacement of section 37.

Section 42 of the principal Ordinance is repealed and Repeal and replaced by the following-

"Insulting behaviour,

42. If any person, in a hearing before the tribunal,-

(a) uses a threatening or insulting expression to or concerning or in the presence of the presiding officer; or

(b) behaves in an insulting manner or wilfully

interrupts the proceedings,

the presiding officer may summarily sentence the offender to a fine of five hundred dollars and to imprisonment for two months.".

replacement of section 42.

9. Section 45 of the principal Ordinance is amended by Amendment deleting paragraph (a) and substituting the following-

“(a) regulating the procedure for—

(i) applying for review, and the hearing of such applications, under section 31;

(ii) applying for leave to appeal, and the hearing of

such applications, under section 32 or 33;

(iii) the hearing of appeals under section 35;".

of section 45.

10. The principal Ordinance is amended by adding after Addition of section 45 the following new section-

"Power of presiding officer to enforce payment of fine, etc.

45A. For the purposes of enforcing the payment of any fine imposed or giving effect to any sentence of imprisonment a presiding officer shall have the powers of a judge.".

new section 45A.