CJR Consultation Paper on Proposed Legislative Amendments

TOC

CJR - Consultation Paper on Proposed Legislative Amendments

About
CJR Citator

Lands Tribunal

3.7 Pursuant to section 10(1) of the LTO, the Lands Tribunal has a general power to adopt the practice and procedure of the Court of First Instance in the exercise of its civil jurisdiction in respect of the matters 4 listed under that section. In a separate review of the procedures of the Lands Tribunal conducted in 2005, the Judiciary has proposed that section 10(1) be amended to make it clear that the Lands Tribunal has a general power to adopt all practice and procedure of the Court of First Instance as it thinks fit (and not restricted to the matters currently listed in section 10). With such wide powers therefore to adopt the practice and procedure of the Court of First Instance, any changes under CJR can likewise be utilized in the Lands Tribunal, as it thinks fit. However, rule 14(2) of the Lands Tribunal Rules ("LTR") (Cap. 17A) has to be amended to make it clear that the powers conferred by that rule are in addition and without prejudice to the general case management powers of the Tribunal.

EC Proceedings

3.8 EC proceedings are governed by the provisions in the Employees' Compensation (Rules of the Court) Rules ("ECR"), Cap. (282B). Section 21 5 of the Employees' Compensation Ordinance ("ECO") (Cap. 282) provides that, subject to the provisions in the ECR, the law, rules and practice relating to civil proceedings in the District Court shall mutatis mutandis apply to EC proceedings. Therefore, the RDC, after incorporation of the proposed amendments as set out at Annex I for the implementation of relevant CJR recommendations and consistency with the RHC, will be applicable to EC proceedings by virtue of section 21(1) of the ECO. There is no need for separate amendments to the ECR.

Notes

Section 10 - Practice and procedure of Tribunal
(1) The Tribunal shall have the powers which are vested in the Court of First Instance in the exercise of its civil jurisdiction in respect of the following matters -

(a)
the attendance, examination and payment of witnesses;

(b)
the hearing of any matter with the assistance of an assessor or assessors;

(c)
the consolidation or hearing of any matters;

(d)
the punishment of persons guilty of contempt;

(e)
the ordering of inspection of any premises or place;

(f)
the entering and viewing of any premises or place;

(g)
the enforcement of decisions, judgments and orders;

(h)
the making of orders as to interim payments;

(i)
the making of orders in default of any action by a party,

and, so far as it thinks fit, may follow the practice and procedure of the Court of First Instance in the exercise of its civil jurisdiction.

Section 21 - Jurisdiction of the Court

(1)
Save as is provided in this Ordinance and any rules made thereunder, the District Court shall, upon or in connection with any question to be investigated or determined thereunder, have all the powers and jurisdictions exercisable by the District Court in or in connection with civil actions in such Court in like manner as if the Court had by the District Court Ordinance (Cap 336) been empowered to determine all claims for compensation under this Ordinance whatever the amount involved and the law, rules and practice relating to such civil actions and to the enforcement of judgments and orders of the Court shall mutatis mutandis apply.