### Labour Relations Ordinance 《勞資關係條例》

3. Conciliation
Where a trade dispute exists or is apprehended the Commissioner may, with the object of promoting settlement of the trade dispute,—
(a) inquire into the causes and circumstances of the trade dispute;
(b) take such steps as to him may seem expedient for the purpose of assisting the parties to reach a settlement of the trade dispute;
(c) authorize a conciliation officer to initiate or undertake conciliation.

4. Report by conciliation officer
(1) Where a conciliation officer has attempted conciliation but no settlement of the trade dispute has been reached, the conciliation officer shall without delay report the matter to the Commissioner.
(2) In a report under subsection (1), the conciliation officer shall set out, in addition to any other information which he considers will be of assistance to the Commissioner, such facts as appear to him to be agreed by all or any of the parties and such facts as appear to him to be in dispute between any of the parties.

5. Special conciliation
(1) On receipt of a report under section 4, the Commissioner may authorize a special conciliation officer to initiate or undertake special conciliation.
(2) The Commissioner, instead of authorizing a conciliation officer under section 3(c), may, if he is of the opinion that the circumstances of the trade dispute so warrant, authorize a special conciliation officer to initiate or undertake special conciliation.

6. Publication of special conciliation
The Commissioner may publish the name of the special conciliation officer authorized under section 5 and particulars relating to the parties in such manner as he thinks fit.

7. Report by special conciliation officer
(1) Where a special conciliation officer has attempted special conciliation but no settlement of the trade dispute has been reached, the special conciliation officer shall without delay report the matter to the Commissioner.
(2) In a report under subsection (1), the special conciliation officer shall set out, in addition to any other information which he considers will be of assistance to the Commissioner, such facts as appear to him to be agreed by all or any of the parties and such facts as appear to him to be in dispute between any of the parties.

8. Memorandum of settlement of trade dispute
Where a settlement of a trade dispute is reached by conciliation or special conciliation, a memorandum of the terms of the settlement shall be drawn up and signed by the parties, or their representatives, and a copy of the memorandum shall be delivered to the Commissioner.

### Labour Relations Ordinance 《勞資關係條例》

9. Privileged communications
Anything communicated to a conciliation officer or special conciliation officer in connection with the performance of his functions under this Ordinance shall not be admissible in evidence in any proceedings before an arbitration tribunal or board of inquiry, except with the consent of the person who communicated it to the conciliation officer or special conciliation officer.
(Amended 76 of 1997 s. 3)[cf. 1971 c. 72 s. 146(6) U.K.]

10. Submission to Chief Executive in Council
(1) On receipt of a report under section 4 or, where a special conciliation officer has been appointed, a report under section 7, the Commissioner may submit a report on the trade dispute to the Chief Executive in Council with such recommendation as he thinks fit. (Amended 76 of 1997 s. 4)
(2) In a report under subsection (1), the Commissioner shall set out such matters relating to the trade dispute as he considers will be of assistance to the Chief Executive in Council.
(Amended 56 of 2000 s. 3)

11. Reference to arbitration or board of inquiry
The Chief Executive in Council may, on considering a report and recommendation submitted under section 10,— (Amended 56 of 2000 s. 3)
(a) with the consent of the parties, refer the trade dispute to arbitration;
(b) refer the trade dispute to a board of inquiry; or
(c) take such other action as the circumstances of the trade dispute may warrant.

11A. Appointment of mediator or mediation board
(1) The Commissioner may, where a trade dispute exists and whether or not conciliation or special conciliation has been attempted by a conciliation officer or special conciliation officer, appoint a mediator or a board of mediation consisting of 2 or more persons to mediate the trade dispute.
(2) Where the Commissioner appoints a board of mediation he shall nominate one of the members to be the President of the board.

11B. Powers of mediator
A mediator may inquire into the causes and circumstances of a trade dispute and, without limiting the foregoing, may—
(a) visit premises where parties to the trade dispute or other interested parties are employed or carry on business;
(b) conduct interviews with the parties to the trade dispute or other interested parties;
(c) make such observations or do such other things as the mediator considers will assist in mediating the dispute; and
(d) make recommendations to the parties respecting the settlement of the trade dispute and may make such recommendations public.

11C. Protection of mediator
No mediator shall be liable to any suit or other proceeding for any act or thing done by him bona fide as a mediator.

### Labour Relations Ordinance 《勞資關係條例》

11D. Privileged communications
Anything communicated to a mediator in connection with the performance of his functions under this Ordinance shall not be admissible in evidence in any proceedings, including any proceedings before an arbitration tribunal or board of inquiry, except with the consent of the person who communicated it to the mediator.

11E. Remuneration of mediator
The Commissioner may pay to a mediator such remuneration out of the general revenue as he thinks fit.

12. Arbitration tribunal
(1) Where under section 11 the Chief Executive in Council refers a trade dispute to arbitration, he shall appoint an arbitration tribunal which shall consist of—
(a) a sole arbitrator; or
(b) 3 arbitrators, one of whom shall be appointed as the chairman.
(2) The Chief Executive in Council shall, when appointing an arbitration tribunal under subsection (1), specify the period within which the arbitration shall be concluded.
(3) For the purpose of facilitating the appointment of an arbitrator to an arbitration tribunal under subsection (1), the Chief Executive shall constitute a panel of persons who appear to him to be suitable for such appointment.
(Amended 56 of 2000 s. 3)

13. Hearing to be in private
An arbitration shall be conducted in private.

14. Place of hearing
An arbitration tribunal shall sit for the conduct of an arbitration at such places and times as, having regard to the convenience of the parties and witnesses, it thinks fit.

15. Language of arbitration
An arbitration shall be conducted in the English or Chinese language as the arbitration tribunal thinks fit.

16. Right of audience
(1) Subject to subsection (3), the following persons shall have a right of audience before an arbitration tribunal—
(a) any party;
(b) an office bearer of a registered trade union or of an association of employers, if—
(i) the trade union or association is a party; or
(ii) members of the trade union or association are parties;
(c) if all parties agree, a barrister or solicitor representing a party; and
(d) subject to subsection (2), any other person representing a party.
(2) An office bearer of a registered trade union or of an association of employers, or a barrister or solicitor, shall not have a right of audience on behalf of a party under subsection (1)(d).
(3) A person referred to in subsection (1)(b) or (d) shall have a right of audience on behalf of a party only if he is authorized in writing by the party to represent it.