LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - CHAPTER 25D LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 25, section 45) [27 October 1978] (L.N. 249 of 1978) LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 1 Citation VerDate:30/06/1997 These rules may be cited as the Labour Tribunal (Suitors' Funds) Rules. LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 2 Interpretation VerDate:05/07/1999 In these rules, unless the context otherwise requires- "funds" (儲存金) means money standing in or to be placed to the registrar's account; "order" (命令) means an award or order of the tribunal or, in case of an appeal, of the Court, and includes any allocation by a presiding officer of the amount of an award; "registrar" (可法常務主任) means the Registrar of the Labour Tribunal; "tribunal" (審裁處) means the Labour Tribunal. (21 of 1999 s. 11) "funds" (儲存金) "order" (命令) "registrar" (可法常務主任) "tribunal" (審裁處) LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 2 Interpretation VerDate:30/06/1997 In these rules, unless the context otherwise requires- "funds" (儲存金) means money standing in or to be placed to the registrar's account; "order" (命令) means an award or order of the tribunal or, in case of an appeal, of the Court, and includes any allocation by a presiding officer of the amount of an award; "presiding officer" (審裁官) means a presiding officer appointed under the Ordinance; "registrar" (可法常務主任) means the Registrar of the Labour Tribunal; "tribunal" (審裁處) means the Labour Tribunal. "funds" (儲存金) "order" (命令) "presiding officer" (審裁官) "registrar" (可法常務主任) "tribunal" (審裁處) LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 3 Payment into the tribunal VerDate:30/06/1997 (1) All funds to be paid into the tribunal shall be paid to the registrar. (2) Except where the circumstances otherwise require, the registrar shall pay any funds paid into the tribunal to an account which may be interest earning or not (to be called the Labour Tribunal Suitors' Funds Account) at such bank as the Director of Accounting Services shall direct. (3) The presiding officer may direct that an amount equal to the moneys standing to the credit of a particular person on a particular date as recorded in the accounts kept pursuant to rule 5(1) be transferred from the account referred to in paragraph (2) to a separate interest-bearing account (to be opened in the name of the case) with such bank as the presiding officer shall direct and that presiding officer may, if he considers it appropriate, give a direction regarding the manner in which any interest is to be treated. (L.N. 64 of 1992) LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 4 Registrar to give receipt VerDate:30/06/1997 (1) The registrar shall give a receipt to any person by whom funds are paid into the tribunal. (2) A receipt given under this rule shall be as nearly as may be in Form 1 in the Schedule hereto and shall contain particulars sufficient to identify the payment to which it relates and a statement of such of the following circumstances as may be applicable- (a) paid in on behalf of defendant (name of party) in satisfaction of claim of the above-named (name of party); (b) paid in under order dated the day of 19 ; (c) paid in to security for costs account on behalf of (name of party). LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 5 Registrar to keep accounts VerDate:30/06/1997 (1) The registrar shall keep appropriate accounts in respect of all funds paid into the tribunal and of all dealings relating thereto. (2) No account kept by the registrar under this rule shall be credited with any sum by way of interest unless the presiding officer makes a direction under rule 3. (L.N. 64 of 1992) LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 6 Payment out of funds in the tribunal VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) Funds paid into the tribunal shall not be paid out except by direction of a presiding officer or in pursuance of an order, and every such direction or order shall specify in full the name of every person to whom payment is to be made: Provided that- (i) in the case of payment to a firm, it shall be sufficient to state the business name of such firm; (ii) in the case of payment to partners, payment may be made to any one or more of such partners or to the survivor of them, as the case may be. (2) Funds paid into the tribunal may be paid out by cheque or in cash as the registrar may direct and, in the case of payment by cheque, the cheque shall be signed by 2 persons authorized in writing by the Registrar of the High Court from time to time. (L.N. 343 of 1980; 25 of 1998 s. 2) (3) Payment out may be made at the offices of the tribunal on any week-day, not being a Saturday or general holiday, between the hours of 10.00 a.m. and 1.00 p.m. and between the hours of 2.00 p.m. and 4.00 p.m.; and on any Saturday (not being a general holiday) between the hours of 10.00 a.m. and 12 noon. LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 6 Payment out of funds in the tribunal VerDate:30/06/1997 (1) Funds paid into the tribunal shall not be paid out except by direction of a presiding officer or in pursuance of an order, and every such direction or order shall specify in full the name of every person to whom payment is to be made: Provided that- (i) in the case of payment to a firm, it shall be sufficient to state the business name of such firm; (ii) in the case of payment to partners, payment may be made to any one or more of such partners or to the survivor of them, as the case may be. (2) Funds paid into the tribunal may be paid out by cheque or in cash as the registrar may direct and, in the case of payment by cheque, the cheque shall be signed by 2 persons authorized in writing by the Registrar of the Supreme Court from time to time. (L.N. 343 of 1980) (3) Payment out may be made at the offices of the tribunal on any week-day, not being a Saturday or general holiday, between the hours of 10.00 a.m. and 1.00 p.m. and between the hours of 2.00 p.m. and 4.00 p.m.; and on any Saturday (not being a general holiday) between the hours of 10.00 a.m. and 12 noon. LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 7 Payment out on death of person entitled VerDate:30/06/1997 Where the registrar is satisfied that any person entitled under rule 6 to payment out of funds has died, the registrar may pay out such funds (or any portion thereof remaining unpaid at the date of the death of the deceased) as follows- (a) the registrar may pay out such funds to the legal personal representatives of the deceased or, if it appears that any such personal representative has died, to the survivor or survivors of them; (b) where it appears to the registrar that the deceased died intestate having assets not exceeding the value of $5000 including the amount of such funds, and if administration has not been granted in respect of his estate, the registrar may pay out such funds to the person who (being the spouse, child, father, mother, brother or sister of the deceased) would have the prior right to a grant of administration of the estate, upon a declaration by such person in Form 2 in the Schedule hereto. LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 8 Transfer of interest to general revenue VerDate:30/06/1997 The registrar shall, at the end of each financial year or so soon thereafter as may be practicable, pay into the general revenue of Hong Kong any interest that has been credited to the Labour Tribunal Suitors' Funds Account. LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 9 Transfer of unclaimed funds to general revenue VerDate:30/06/1997 (1) Where any funds paid into the tribunal in respect of an order remain unclaimed for a period of five years after the date of such order, the Chief Justice may, on application by the registrar, direct that such funds shall be paid into the general revenue of Hong Kong. (2) Before giving any direction under paragraph (1), the Chief Justice may direct that such notice, if any, as he thinks necessary shall be given in such manner and to such persons as he may so direct. LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 10 Annual statement of accounts and audit VerDate:09/06/2000 (1) The registrar shall in each year cause to be prepared for the period of twelve months ending on the 31st March in that year a statement of the accounts kept by him under rule 5, and such statement shall- (a) include a receipts and payments account and a statement of assets and liabilities; and (b) be signed by the Registrar of the High Court. (25 of 1998 s. 2) (2) (Repealed 32 of 2000 s. 23) LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 10 Annual statement of accounts and audit VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The registrar shall in each year cause to be prepared for the period of twelve months ending on the 31st March in that year a statement of the accounts kept by him under rule 5, and such statement shall- (a) include a receipts and payments account and a statement of assets and liabilities; and (b) be signed by the Registrar of the High Court. (25 of 1998 s. 2) (2) All accounts kept by the registrar under rule 5 and the statement of account prepared under paragraph (1) shall be audited by the Director of Audit who shall, subject to such report as he thinks fit, certify the statement. LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - RULE 10 Annual statement of accounts and audit VerDate:30/06/1997 (1) The registrar shall in each year cause to be prepared for the period of twelve months ending on the 31st March in that year a statement of the accounts kept by him under rule 5, and such statement shall- (a) include a receipts and payments account and a statement of assets and liabilities; and (b) be signed by the Registrar of the Supreme Court. (2) All accounts kept by the registrar under rule 5 and the statement of account prepared under paragraph (1) shall be audited by the Director of Audit who shall, subject to such report as he thinks fit, certify the statement. LABOUR TRIBUNAL (SUITORS' FUNDS) RULES - SCHEDULE SCHEDULE VerDate:30/06/1997 FORM 1 [rule 4(2)] LABOUR TRIBUNAL (SUITORS' FUNDS) RULES Receipt IN THE LABOUR TRIBUNAL (Title of cause or matter. No. of 19 ). Ledger account (if the same as the cause, state as above). Received from the sum of (Signature) Registrar Dated this day of 19 . _____________ FORM 2 [rule 7] LABOUR TRIBUNAL (SUITORS' FUNDS) RULES Declaration IN THE LABOUR TRIBUNAL (Title of cause or matter. No. of 19 ). Ledger account (if the same as the cause, state as above). I (name and address of applicant) solemnly and sincerely declare that I am the (degree of relationship) and next or one of the next of kin of (name of deceased) and that I am entitled to take out administration to his estate and to receive the sum of $ directed to be paid to him by the order dated the 19 . And I further declare that the total value of the assets of the deceased including the above sum does not exceed $5000, and I certify that the death-bed and funeral expenses of the deceased have been paid: and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths and Declarations Ordinance, Chapter 11. (Signature of applicant) Declared at Before me this day of 19 . (Signature) Commissioner for Oaths, notary public, or other authorized officer (47 of 1997 s. 10)