TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 195

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Question No.5

Enforcement of judgements of

Labour Tribunal

Reply by the Hon R G B Bridge, OBE, JP

Secretary for Education & Manpower to a question by the Hon TAM Yi-chung în the Legislative Council on 18 May 1988

5. MR. TAM (in Cantonese):

Question: As some claimants who have won their cases in the Labour Tribunal are not able to obtain the awards due to them from their employers, will Government inform this Council of the number of cases heard in the Labour Tribunal during the past five years and the number of cases in which the employers refused to observe the judgements given; and whether consideration will be given to amending Section 38 of the Labour Tribunal Ordinance in order to give the Tribunal direct enforcement power to ensure that its judgements are properly observed?

Answer

SECRETARY FOR EDUCATION AND MANPOWER :

Sir,

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•

In the past five financial years the Labour

Sixteen thousand two hundred and seventy-three Tribunal has dealt with a total of 21,937 cases. 16,273/of

5% of

these were decided in favour of the plaintiff, and in 14, 590

of these the claim was settled immediately. The proportion

of cases being settled immediately has been increasing and

per серт

in 1987/88 was 91.4, which I understand compares favourably

with other courts.

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In the remaining 1,683 cases,

enforcement

certificates had to be issued after employers failed to

settle in accordance with the judgement of the Tribunal.

These certificates enable the judgement to be registered

with the District Court for enforcement.

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