TNAG-0451-FCO40-516-Legislation-for-labour-tribunals-in-Hong-Kong-1974 — Page 46

For discuCONFIDENTIAL

on 20th October 1970

機 XC(0)56

MEMORANDUM FOR EXECUTIVE COUNCIL

Copy No.... of 26

LABOUR COURTS

ANNEX B

TO XCC(74)27

The purpose of this paper is to seek the approval in principle of Honourable Members to the establishment of one or more labour courts, along the general lines set out below, and for the drafting of the necessary legislation. The Chief Justice, who has been consulted, has indicated that he strongly supports the introduction of a simple form of court of the kind proposed.

Jurisdiction

2

The object of these courts will be to provide a quick, simple and informal means of settling a carefully defined range of disputes between employers and employees. The Commissioner of Labour recommends that initially the jurisdiction of labour courts should be restricted to claims for money arising out of contracts of employment and disputes with regard to any monetary entitlement under a statute arising from the relationship of employer and employee. It is not proposed that labour courts should deal with workmen's compensation cases which are already adequately dealt with by the District Courts.

3

It is not intended that the jurisdiction of the labour courts should be limited by the amount of money in dispute. The normal limits as to the time within which a claim has to be instituted in a court will apply to matters dealt with in the labour courts.

4

It is not proposed that an order for payment made by a labour court will have any special priority in the event of a bankruptcy or liquidation, other than such priority as is already accorded to wages due by the Companies and Bankruptcy Ordinances,

5

It is considered that, if these new courts are to fulfil their purpose properly, they should have exclusive jurisdiction on matters within their competence. It would largely defeat the object of these courts if either party, and particularly the employer, could insist on having a case heard in the District Court, thus involving the parties in the formalities, delays, expense and legal representation which the labour courts are designed to avoid. The bill would therefore provide that on matters within the jurisdic- tion of a labour court the District Court and Supreme Court would have no jurisdiction (save on an appeal, see paragraph 20).

6

If labour courts prove to be a success and meet a genuine public demand, consideration will be given to extending their jurisdiction, in due course, to cover other types of dispute of a minor nature not necess- arily connected with labour matters, for example the collection of small debts.

CONFIDENTIAL

機密