TNAG-1209-FCO40-1512-Administration-of-justice-in-Hong-Kong-1982 — Page 17

A476

Amendment of

the Labour

Tribunal Ordinance.

(Cap. 25.)

Ord. No. 79/81 ADMINISTRATION OF JUSTICE (MISCELLANEOUS

AMENDMENTS)

(b) by adding after section 4 the following-

*Commence-

ment and transfer of adoption application.

4A. (1) An application made under section 4 or 20 shall be commenced in the District Court:

Provided that if-

(a) any person whose consent is required under

section 5(5)(a) fails to give consent; or

(b) any person having a proper interest in the applica- tion objects to an adoption order being made,

the District Court shall transfer the application to the High Court.

(2) Rules may provide for the procedures connected with the transfer of applications to the High Court and for the transfer or retransfer of applications from the High Court to the District Court where paragraphs (a) and (b) of the proviso to subsection (1) do not or no longer apply."; and

(c) in section 12, by deleting "under the Supreme Court Ordinance"

and substituting the following-

"by the Chief Justice".

9. The Labour Tribunal Ordinance is amended-

(a) in section 32(1) and (3), by deleting "District" in each place

where it occurs and substituting the following-

"High";

(b) in section 32(2), by deleting "District" and substituting the

following--

"Supreme";

(c) by repealing section 34;

(d) in section 35(1) and (2), by deleting "District Court or the Court of Appeal" in both places where it occurs and substituting the following-

"High Court";

(e) by deleting section 35(3) and substituting the following—

"(3) Subject to section 35A, the decision of the High Court shall be final.";

(f) by adding after section 35 the following-

"Appeal to

Court of Appeal.

35A. (1) If any party is dissatisfied with a decision of the High Court under section 32, such party may, within 7 days after the date of the decision, apply to the Court of Appeal for leave to appeal and, if the Court of Appeal considers that a question of law of general public im- portance is involved, it may grant leave.

ADMINISTRATION OF JUSTICE (MISCELLANEOUS Ord. No. 79/81

AMENDMENTS)

Powers of

the Court of Appeal on appeal.

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

(a) in the prescribed form, setting out the question

of law; and

(b) lodged with the Registrar of the Supreme Court.

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

35B. On an appeal under section 35A, the Court of Appeal may-

(a) allow the appeal;

(b) dismiss the appeal; or

(c) remit the matter to the tribunal with such direc- tions as it thinks fit, which may include a direction to the tribunal for a new hearing,

and may make such order as to costs as it thinks fit.";

(g) in section 37-

(i) by inserting after "section 32" the following-

"or section 35A"; and

(ii) by deleting "or District Court" in both places where it occurs and substituting the following—

*

*

the High Court or Court of Appeal"; and

(h) in section 45-

(i) by deleting "section 32" and substituting the following—

"sections 32 and 35A"; and

(ii) by deleting "section 35" and substituting the following-

"sections 35 and 35B".

10. The Small Claims Tribunal Ordinance is amended-

A477

Amendment of Small Claims

(a) in section 28(1) and (3), by deleting "Court of Appeal" in each Tribunal

place where it occurs and substituting the following-

(b) in section 29-

"High Court";

(i) by deleting "Court of Appeal" in both places where it occurs and substituting the following-

"High Court"; and

(ii) by inserting after subsection (2) the following-

"(3) Subject to section 29A, the decision of the High Court shall be final.";

(c) by adding after section 29 the following-

"Appeal to the Court of Appeal.

29A. (1) Any party who is aggrieved by a decision of the High Court under section 28 may, within 7 days after the date of the decision, apply to the Court of Appeal for

Ordinance. (Cap. 338.)