Full legislation
s.30
Security for awards and orders
(1) The tribunal may order a party to give security for the payment of an award or order that has been or may be made if the tribunal considers it just and expedient to do so. (2) The tribunal may make the order either of its own motion or on the application of a party. (3) The order may require security to be given— (a) by payment into the tribunal a sum of money that the tribunal considers sufficient; or (b) in any other form and manner that the tribunal considers appropriate. (4) Without limiting subsection (1), the tribunal may make an order under that subsection against a party if— (a) the tribunal is satisfied that there is a real risk that the payment of an award or order that has been or may be made will be obstructed or delayed because— (i) the party has disposed of, removed from Hong Kong or lost control of assets belonging to the party; (ii) the party is about to dispose of, remove from Hong Kong or lose control of assets belonging to the party; or (iii) there is a real risk of the party disposing of, removing from Hong Kong or losing control of assets belonging to the party; (b) the tribunal is satisfied that— (i) the party has conducted the proceedings in a manner that delays the determination of the case; or (ii) the party’s conduct otherwise constitutes an abuse of the process; or (c) the tribunal is satisfied that the party has, without reasonable excuse, failed to comply with any award, order or direction. (5) If a party fails to comply with an order under subsection (1), the tribunal may— (a) dismiss the party’s claim; (b) stay the proceedings; or (c) enter judgment on the claim against the party. (6) On a party’s failure to comply with an order under subsection (1), the tribunal may exercise the powers referred to in subsection (5) without further hearing or considering the party’s case if the order expressly indicates the tribunal’s intention to do so on such non-compliance without further hearing or consideration.