Employment Ordinance

(1)
For the purposes of proceedings for an offence under
section 43P
, a document (
first-
mentioned document
) purporting to be a copy of a specified document, and purporting to be certified by or on behalf of the registrar of a tribunal or the registrar of a court as a true copy of the specified document, is admissible in evidence on its production without further proof and, unless there is evidence to the
contrary—
(a)
the court before which the
first-
mentioned document is produced must
presume—
(i)
that the first-mentioned document is certified by or on behalf of the registrar of a tribunal or the registrar of a court; and
(ii)
that the first-mentioned document is a true copy of the specified document;
(b)
in the case of the first-mentioned document purporting to be a copy of a specified document referred to in subsection
(2
)(
a)
and prepared by an officer of a tribunal or of a court, the first-mentioned document is evidence of all matters contained in it; and
(c)
in the case of the first-mentioned document purporting to be a copy of a specified document referred to in subsection
(2
)(
b)
and prepared by an officer of a tribunal or of a court, the first-mentioned document is evidence of the facts specified in subsection (4) or (5).
(2)
In subsection (1),
specified document
(
指明文件
)
means—
(a)
a claim filed with a tribunal, or an award made by a tribunal, or any other document relating to proceedings before a tribunal or a court; or
(b)
any document that is relevant to any fact specified in subsection (4) or (5).
(3)
For the purposes of proceedings for an offence under
section 43P
, a certificate purporting to be issued by or on behalf of the registrar of a tribunal or the registrar of a court and stating any of the facts specified in subsection (4) or (5) is admissible in evidence on its production without further proof and, unless there is evidence to the
contrary—
(a)
the court before which the certificate is produced must presume that the certificate is issued by or on behalf of the registrar of a tribunal or the registrar of a court; and
(b)
the certificate is evidence of the facts so stated.
(4)
The following facts are specified for the purposes of subsection (3) in relation to a certificate purporting to be issued by or on behalf of the registrar of a
tribunal—
(a)
whether any payment has been made to the tribunal in full or partial discharge of an award of the tribunal and, if so, particulars of the payment (including the date, amount and, in the case of an award made in favour of 2 or more claimants, to which claimant the amount is paid);
(b)
whether a decision has been made in any proceedings to set aside or review an award of the tribunal and, if so, the particulars of the decision;
(c)
whether any proceedings are pending to set aside or review an award of the tribunal and, if so, the particulars of the pending proceedings;
(ca)
for proceedings relating to an award that is an order for reinstatement or order for
re-
engagement—
(i)
whether a decision has been made in relation to an application made for the purposes of
section 32PA
or
32PC
(if applicable) in respect of the order and, if so, the particulars of the decision; and
(ii)
whether an application made for the purposes of
section 32PA
or
32PC
(if applicable) in respect of the order is pending and, if so, the particulars of the application;
(Added
21 of 2018 s. 11
)
(d)
whether any person was present at the hearing of the tribunal at which an award of the tribunal was made or at any hearing of the claim to which the award relates; and
(e)
whether any document relating to proceedings before the tribunal has been served on any person and, if so, the particulars of service (including the mode, time and address of service).
(5)
The following facts are specified for the purposes of subsection (3) in relation to a certificate purporting to be issued by or on behalf of the registrar of a
court—
(a)
whether a decision has been made in an appeal (if any) against an award of a tribunal and, if so, the particulars of the decision; and
(b)
whether an appeal is pending against an award of a tribunal and, if so, the particulars of the pending appeal.
(6)
In this
section—
order for re-engagement
(
再次聘用的命令
) means an order for re-engagement made under
section 32N
and includes such an order as varied under
section 32PA
or
32PC
;
order for reinstatement
(
復職的命令
) means an order for reinstatement made under
section 32N
and includes such an order as varied under
section 32PC
;
registrar of a court
(
司法常務官
) means—
(a)
the Registrar of the High Court; or
(b)
the Registrar of the Court of Final Appeal.
(Replaced
21 of 2018 s. 11
)
(7)
In subsections (1) and (3), a reference to a court before which a document or a certificate is produced includes a magistrate.