These Rules set up a registry and register of claims, and set procedures for transfers, appeals, instalment payments, and registration of awards or orders.
Minor Employment Claims Adjudication Board (General) Rules(Cap. 453, section 42)(Enacting provision omitted—E.R. 2 of 2020) [23 December 1994](Format changes—E.R. 2 of 2020) 1. Interpretation In these Rules, unless the context otherwise requires—register (登記冊) means the Register of Claims maintained under rule 3. 2. Registry There shall be a registry for the Board. 3. Register of Claims A “Register of Claims” shall be maintained in the registry. 4. Transfer of claim to Labour Tribunal Where the Board transfers a claim to the Labour Tribunal under section 8(3) of the Ordinance, the registrar shall send to the Registrar of the Labour Tribunal a certified copy of the entries in the register and the documents in his custody relating to the claim. 5. Procedure on application for leave to appeal (1) Where an application for leave to appeal is made under section 31 of the Ordinance—(a) the registrar shall on the request of any party to the proceedings and on payment by such party of the prescribed fee supply to such party within 7 days of the request a certified copy of the record of the proceedings;(b) the registrar shall supply to the Registrar of the High Court the documents in his custody relating to the claim which shall include a certified copy of the record of the proceedings and the reasons for an award or order; and(c) the Registrar of the High Court shall— (25 of 1998 s. 2)(i) fix a date and place for the hearing of the application; and(ii) send a notice to the applicant indicating the date and place of hearing.(2) At the hearing of an application for leave to appeal, the Court of First Instance may with the consent of the applicant alter any ground of appeal, or insert any new ground of appeal, in the application for leave to appeal.(25 of 1998 s. 2) 6. Procedure on appeal from the Board (1) Where leave to appeal is granted under section 31 of the Ordinance—(a) the registrar shall send to the Registrar of the High Court a copy of the entries in the register and the documents referred to in rule 5(1)(b), and if the entries and documents are written in a language other than one in which proceedings in the Court of First Instance are required or permitted to be conducted, a translation of such entries and documents in such required or permitted language;(b) the Registrar of the High Court shall, on receipt of such documents, fix a date and place for the hearing of the appeal; and(c) the Registrar of the High Court shall serve notices indicating the date and place of hearing on the parties to the appeal.(2) Save with the permission of the Court of First Instance, an appellant shall not be entitled at the hearing of the appeal to rely on any ground of appeal not specified in the application for leave to appeal.(25 of 1998 s. 2) 7. Payment of award by instalment The Board may order that the amount of an award or order shall be paid by such instalments, payable at such times, as the Board may think fit. 8. Registration of award or order in District Court (1) Where an award or order is made by the Board, and if stay of execution has not been ordered under section 36 of the Ordinance, the registrar shall, on the application of the party in whose favour the award or order is made, supply to him a certificate of award or order and a copy thereof.(2) The Registrar of the District Court shall, on the production of a certificate of award or order and a copy thereof to him within 12 months after the date of the award or order, register the certificate of award or order under section 37 of the Ordinance.