581692-1940-Compensation-Defence-Regulations-1940 — Page 10

706

Determina-

tion of

claims by tribunals in default of agreement.

Constitution of tribunals.

Incidental powers of tribunals.

THE HONG KONG GOVERNMENT GAZETTE, MAY 10, 1940.

Tribunals for determining disputes.

9. Any dispute as to whether any compensation is pay- able under these regulations, or as to the amount of any compensation so payable, shall, in default of agreement, be referred to, and determined by, the appropriate tribunal con- stituted under the following provisions of these regulations, and the decision of that tribunal shall be final:

Provided that at any stage in proceedings before it the tribunal may, and, if so directed by the Supreme Court. shall, state in the form of a special case for the opinion of that court any question of law arising in the course of the proceedings.

10. (1) For the purpose of determining disputes as to the payment of compensation under these regulations in respect of the requisition or acquisition of vessels or the taking of space or accommodation therein, there shall be a Shipping Claims Tribunal (hereinafter referred to as 'the Shipping Tribunal "), consisting of a president and two other members appointed by the Governor.

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(2) The president and one of the other members of the Shipping Tribunal shall be respectively members of the legal profession who appear to the Governor to have a special knowledge of commercial and admiralty law; and the third member of the tribunal shall be a person appearing to the Governor to have special qualifications as an average adjuster

or accountant.

(3) For the purpose of determining disputes as to the payment of compensation under these regulations, other than disputes which by virtue of the preceding provisions of these regulations are to be determined by the Shipping Tribunal, there shall be a General Claims Tribunal (hereinafter referred to as "the General Tribunal "), consisting of not less than three persons appointed by the Governor (including a judge of the Supreme Court).

(4) The General Tribunal, if it consists of six or more members, may sit in several divisions, so, however, that no division shall consist of less than three members of the tribunal.

(5) There shall be paid out of the revenues of this Colony-

(a) to any member of a tribunal constituted under these regulations such remuneration (if any) as the Governor in Council may determine in his case, and

(b) the amounts necessary to defray such expenses of the tribunals constituted under these regulations as the Governor in Council may approve.

11.-(1) Each of the tribunals constituted under these regulations shall have the following powers, that is to say-

(a) to make, with the concurrence of the Governor, rules prescribing the procedure for notifying, presenting and hearing claims and all matters incidental thereto :

(b) to order persons to attend and give evidence, and to produce and give discovery and inspection of documents, in like manner as in proceedings in the Supreme Court;

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