TNAG-0451-FCO40-516-Legislation-for-labour-tribunals-in-Hong-Kong-1974 — Page 51

For

1stCONFIDENTIAL

XGC(72)7

No 密. ANNEX C

TO XCC(74)27

MEMORANDUM FOR EXECUTIVE COUNCIL

SUMMARY CLAIMS TRIBUNAL BILL 1972

A

F

Honourable Members will recall that on 20th October 1970 they considered memorandum XCC(70)56 (Annex A) and approved in principle the proposal that a court with simple and informal pro- cedure for settling monetary claims arising from the relationship of employer and employee should be established, along the lines set out in that paper. The Summary Claims Tribunal Bill 1972 (Annex B) seeks to give effect to these proposals.

C.S. 166

2

Clause 3 of the bill establishes what is called the "Summary Claims Tribunal". This title has been adopted because Honourable Members advised, when the earlier memorandum was considered in October 1970, that a description other than "Labour Courts" should be adopted. The tribunal will consist of a presiding officer sitting alone. The jurisdiction of the tribunal, which is limited to claims for liquidated sums arising from a breach of con- tract of employment (including overseas contracts under the Contracts for Overseas Employment Ordinance) or the breach of a statutory duty under the Employment Ordinance or the Industrial Employment (Holidays with Pay and Sickness Allowance) Ordinance, is set out in the Schedule to the bill.

3

If the new tribunals', and the procedure adopted in them, prove to be successful, then it may be thought desirable to ex- tend the jurisdiction of the tribunal to enable it to deal with other dis- putes of a civil nature. To enable this to be done simply, clause 8 enables the Legislative Council, by resolution, to alter the jurisdiction of the tribunal.

4

Clause 9 provides that a claim under the bill must be brought before the tribunal within six months of the cause of action. In paragraph 3 of Annex A it was proposed that the normal limitation period of six years should be adopted for claims. It is, however, now suggested that the short period is likely to encourage employees to make use of the new procedure, before the amounts owing to them become too large. The bill also provides that a claim which falls within the juris- diction of the tribunal shall not be actionable in the courts in Hong Kong unless the claim is barred from the tribunal because it is made out of time. In this event, a claimant may still bring his claim in the District Court so that he may not be deprived of any relief.

5

Clause 15 prohibits the presiding officer from hearing a claim until he receives a certificate from a tribunal officer, or an autho rised officer, stating that attempt to reach conciliation has been made and failed. During the hearing of the claim, the presiding officer has the power to adjourn the hearing for the purpose of reaching conciliation through the Commissioner of Labour.

missioner of Labour. In order to speed up the deter-

minat on

ONFIDENTIAhat the tribal offices to