Hong Kong Regulations

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) APPEAL RULES - RULE 11

Preliminary hearing

(Past version on 30/06/1997).

(1) If in his Answer the respondent seeks to rely on section 20(3) or (4) of
the Ordinance, then save as the Court may otherwise direct, the issues raised
in respect of those provisions shall be determined at a preliminary hearing.

(2) For the purposes of a preliminary hearing under this rule the following
automatic directions shall apply-

   (a)  that the evidence upon which the parties intend to rely in the
        preliminary hearing shall be filed with the Court by way of affidavits
        not less than 42 days before the hearing;

   (b)  that the appellant may serve on the respondent interrogatories
        relating to the issues to be raised in the preliminary hearing and the
        respondent shall answer the same on oath within 14 days of such
        service;

   (c)  that any party to the proceedings may, not less than 14 days before
        the preliminary hearing, serve on any other party a notice requiring
        any deponent to an affidavit or interrogatory to attend at the
        preliminary hearing for examination and cross-examination on his
        affidavit or interrogatory; and

   (d)  that either party may set down the matter for hearing within 3 months
        of the filing of the respondent's Answer.

(3) At the conclusion of a preliminary hearing under this rule, the Court
shall, unless the appeal is dismissed, give directions as to the further
conduct of the appeal. (Enacted 1995)