### Minor Employment Claims Adjudication Board Ordinance 《小額薪酬索償仲裁處條例》

25. Joint defendants
(1) If 2 or more persons are defendants to a claim, as partners or otherwise, a process may be served on any of them and an award may be obtained and execution issued against any person so served notwithstanding that any other persons jointly liable may not have been served or been a party or may not be within the jurisdiction of the Board.
(2) If an award is made against a person in accordance with subsection (1) and is satisfied by that person, he shall be entitled to recover before the Board contribution from any other person jointly liable with him.
(3) An award obtained against a person in respect of his liability jointly with any other person shall not discharge such other person from liability under the award.
(4) A person who is sued in respect of his liability jointly with any other person may set up any defence or counterclaim which he would have been entitled to set up if all the persons liable had been made defendants.
(5) If 2 or more persons are joined as defendants, the claimant may obtain an award against any one or more of the defendants and may enforce the award without prejudice to his right to proceed with the action against any other defendant.

26. Evidence
(1) The Board may at any time during the hearing of a claim allow a witness or a party to give evidence on oath or unsworn.
(2) The rules of evidence shall not apply to proceedings before the Board, which may receive any evidence which it considers relevant.

27. Costs
(1) Subject to subsection (2), the Board may at its discretion award to a party costs and expenses, which may include—
(a) any reasonable expenses necessarily incurred and any loss of salary or wages suffered by that party; and
(b) any reasonable sum paid to a witness for expenses necessarily incurred and any loss of salary or wages suffered by him,
in attending the hearing.
(2) In making an award of costs under this section, the Board shall include a direction as to the amount to be paid by each party who is liable to pay costs.
(3) An award of costs shall be enforceable in the same manner as any other award of the Board.

28. Frivolous or vexatious claims
The Board may at any time dismiss a claim which it considers to be frivolous or vexatious on such terms as to payment of costs as it may think just.

29. Adjournments
The Board may at any time, either of its own motion or on the application of any party, adjourn the hearing of proceedings on a claim on such terms as it may think just.

### Minor Employment Claims Adjudication Board Ordinance 《小額薪酬索償仲裁處條例》

30. Review of awards and orders
(1) Except where a party has filed an application for leave to appeal and does not agree to withdraw the application, an adjudication officer may, within 14 days from the date of an award or order given or made by the Board, review the award or order and on such review may reopen and rehear the claim wholly or in part and may call or hear fresh evidence and may confirm, vary or reverse the previous award or order.
(2) The power conferred by subsection (1) may be exercised—
(a) by an adjudication officer of his own motion, by notice in writing to all parties;
(b) on the application of a party within 7 days, by notice in the form specified by the registrar to all other parties.
(3) The exercise of the power conferred by subsection (1) shall not operate as a bar to an appeal by a party against the award or order or against the determination of the review.
(4) On the application of a party for a review under this section, the adjudication officer, having regard to the possibility of assets which may be available to satisfy an award being disposed of to the prejudice of any party, may make such order regarding payment into the Board, giving of security or otherwise as he may think just.
(5) An adjudication officer may transfer the hearing and consideration of a review to another adjudication officer who shall have all the powers and functions he would have if he had originally heard the claim and had prepared the record of proceedings.

31. Appeal on point of law
(1) Any party who is aggrieved by a decision of the Board—
(a) on any ground involving a question of law alone; or
(b) on the ground that the claim was outside the jurisdiction of the Board,

may, with leave to appeal granted by the Court of First Instance upon application, appeal to the Court of First Instance.
(2) An application for leave to appeal under this section shall be—
(a) in the form specified by the registrar, specifying the ground of the appeal and the reasons in support of such ground; and
(b) lodged with the Registrar of the High Court within— (Amended 25 of 1998 s. 2)
(i) 7 days after the date on which the written award or order is served on the aggrieved party; or
(ii) such time as may be extended by the Registrar of the High Court on good cause.
(3) A refusal by the Court of First Instance to grant leave to appeal shall be final.
(Amended 25 of 1998 s. 2)

### Minor Employment Claims Adjudication Board Ordinance 《小額薪酬索償仲裁處條例》

32. Powers of Court of First Instance on appeal
(Amended 25 of 1998 s. 2)(1) On an appeal for which it has granted leave under section 31, the Court of First Instance may— (Amended 25 of 1998 s. 2)
(a) allow the appeal;
(b) dismiss the appeal; or
(c) remit the matter to the Board with such directions as it may think fit, which may include a direction to the Board for a new hearing.
(2) On an appeal for which it has granted leave under section 31, the Court of First Instance may— (Amended 25 of 1998 s. 2)
(a) draw any inference of fact; and
(b) make such order as to costs and expenses as it may think fit,

but may not—
(i) reverse or vary any determination made by the Board on questions of fact; or
(ii) receive further evidence.
(3) Subject to section 33, the decision of the Court of First Instance shall be final. (Amended 25 of 1998 s. 2)

33. Appeal to Court of Appeal
(1) If any party is dissatisfied with a decision of the Court of First Instance on an appeal under section 31, such party may, with leave to appeal granted by the Court of Appeal upon application, appeal to the Court of Appeal. (Amended 25 of 1998 s. 2)
(2) The Court of Appeal may grant leave to appeal under subsection (1) if it is satisfied that a question of law of general public importance is involved.
(3) An application for leave to appeal under this section shall be— (Amended 25 of 1998 s. 2)
(a) in the form specified by the Registrar of the High Court, setting out the question of law; and
(b) lodged with the Registrar of the High Court within—
(i) 7 days after the date of the decision against which the appeal is made; or
(ii) such time as may be extended by the Registrar of the High Court on good cause. (Amended 25 of 1998 s. 2)
(4) A refusal by the Court of Appeal to grant leave to appeal shall be final.

34. Powers of Court of Appeal on appeal
On an appeal for which it has granted leave under section 33, the Court of Appeal may—
(a) allow the appeal;
(b) dismiss the appeal; or
(c) remit the matter to the Board with such directions as it may think fit, which may include a direction to the Board for a new hearing,
and may make such order as to costs as it may think fit.