TNAG-0451-FCO40-516-Legislation-for-labour-tribunals-in-Hong-Kong-1974 — Page 27

Repeal and

2

4. Section 33 of the principal Ordinance is repealed and replacement replaced by the following-

of section

33.

Amendment

of section 35.

Amendment of section

36.

Repeal and

"Leave to appeal on ground of perjury.

33. (1) If any party is dissatisfied with an award, order or determination by the tribunal on the grounds that the award, order or determination is wrong in that-

(a) a witness gave evidence which he knew to

be false; and

(b) such evidence was accepted by the presiding officer as true and was material to his deter- mination,

such party may, within seven days after the date of the award, order or determination, apply to the District Court for leave to appeal and the District Court may grant such leave.

(2) An application for leave to appeal under this section shall be—

(a) in the prescribed form which shall set out the grounds of appeal, a summary of the evidence which is alleged to be false and the reasons for such allegation; and

(b) lodged with the Registrar of the District

Court.

(3) A refusal by the District Court to grant leave to appeal shall be final.".

5. Section 35 of the principal Ordinance is amended by inserting after subsection (3) the following new subsection-

"(4) A decision of the District Court or Full Court on an appeal shall be final.".

6.

Section 36 of the principal Ordinance is amended by deleting "An" and substituting the following-

"Subject to this Part, an".

7. Section 37 of the principal Ordinance is repealed and replacement replaced by the following-

of section 37.

"Stay of execution on review or appeal.

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-