Cap. 25activeordinance

Labour Tribunal Ordinance

勞資審裁處條例

Full legislation

s.14

Inquiries by tribunal officer

(1)
When a claim has been filed, the registrar shall forward a copy thereof to a tribunal officer, who shall prepare a summary of facts relating to the claim.
(2)
The tribunal officer shall, if he is unable to complete the inquiries necessary for the preparation of the summary of facts relating to the claim within 10 days from the filing of the claim, forthwith so inform the presiding officer, who shall, subject to
section 16
, direct the tribunal officer
to—
(a)
cease to inquire further into the facts of the claim and prepare the summary of facts;
(b)
complete the inquiries within such further period as may be specified by the presiding officer; or
(c)
continue his inquiries and report thereon to the presiding officer within such period as may be specified by the presiding officer,
and shall notify the registrar of any period specified by him under paragraph (b) or (c).
(3)
A summary of facts prepared by a tribunal officer shall, in addition to any other information which he considers will be of assistance to the tribunal, set out such facts as appear to him to be agreed by all or any of the parties and such facts as appear to him to be in dispute between any of the parties.
(4)
For the purpose of preparing a summary of facts, a tribunal officer shall have power
to—
(a)
interview at any reasonable time any person, including a party, and record a statement from him;
(b)
enter and inspect at any reasonable time any premises in which a party is or has been employed and to examine any part of the premises and any machinery, fittings or equipment therein; and
(c)
require any person to produce at any reasonable time any records, books of account or other documents which the tribunal officer may reasonably consider to be relevant to the claim, and to examine and make copies of such records, books of account or other documents.
(5)
A person who is interviewed by a tribunal officer shall not be compelled to make a statement or to answer any question put to him but the tribunal officer shall record in his summary of facts if any person has refused to be interviewed or to answer any question put to him.
(6)
A person who makes a statement to a tribunal officer shall be entitled to read such statement or, if he is illiterate or if the statement is written in a language which he does not understand, to have the statement read out to him in a language which he does understand and to correct any errors therein.
(7)
A statement made to a tribunal officer may be admitted as evidence of all matters therein if it is produced before the tribunal by the tribunal officer who recorded it and contains a statement by him that subsection (6) was complied with at the time when the statement was recorded.