Hong Kong Ordinances

LABOUR TRIBUNAL ORDINANCE - SECT 35

Powers of Court of First Instance on appeal

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) On an appeal for which it has granted leave under section 32, the Court of
First Instance may-

   (a)  allow the appeal;

   (b)  dismiss the appeal; or

   (c)  remit the matter to the tribunal with such directions as it thinks
        fit, which may include a direction to the tribunal for a new hearing.

(2) On an appeal for which it has granted leave under section 32, the Court of
First Instance may-

   (a)  draw any inference of fact; and

   (b)  make such order as to costs and expenses as it thinks fit, but may
        not-

        (i)    reverse or vary any determination made by the tribunal on
               questions of fact; or

        (ii)   receive further evidence.

(3) Subject to section 35A, the decision of the Court of First Instance shall
be final. (Replaced 79 of 1981 s. 9) (Replaced 25 of 1976 s. 5. Amended 79 of
1981 s. 9; 49 of 1988 s. 3; 25 of 1998 s. 2)