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

14A. Claims transferred from the Small Claims Tribunal
(1) Where a claim is transferred to the Board under section 7 of the Small Claims Tribunal Ordinance (Cap. 338)—
(a) the claim shall upon such transfer be regarded for all purposes as a claim brought under this Ordinance;
(b) the requirements under this Ordinance that would have to be fulfilled in relation to the claim before it could be inquired into, heard and determined by the Board if it were a claim brought under this Ordinance shall, upon such transfer, be deemed to have been fulfilled in relation to the claim.
(2) Where a counterclaim or set-off and counterclaim is transferred to the Board under section 10 of the Small Claims Tribunal Ordinance (Cap. 338)—
(a) the counterclaim or set-off and counterclaim shall upon such transfer be regarded for all purposes as—
(i) a claim or counterclaim; or
(ii) a claim or set-off and counterclaim,
as the case requires, brought under this Ordinance;
(b) the requirements under this Ordinance that would have to be fulfilled in relation to the counterclaim or set-off and counterclaim before it could be inquired into, heard and determined by the Board if it were—
(i) a claim or counterclaim; or
(ii) a claim or set-off and counterclaim,

as the case requires, brought under this Ordinance shall, upon such transfer, be deemed to have been fulfilled in relation to the counterclaim or set-off and counterclaim.
(Added 28 of 1999 s. 18)

15. Hearing to be in public unless otherwise ordered
The hearing of a claim shall be conducted in public unless the Board considers that in the interests of justice the hearing or any part of it should be in private, in which case it shall order accordingly.

16. Keeping of summary of evidence, etc.
The Board shall keep a summary of the evidence, submissions or statements made or given at the hearing.

16A. Language
(1) The hearing of claims may be conducted in the English or Chinese language or both as the Board thinks fit.
(2) Notwithstanding subsection (1)—
(a) any person who has a right of audience under section 22 may address the Board in any language;
(b) any witness testifying before the Board may testify in any language.
(Added 51 of 1995 s. 17)

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

17. Hearing to be informal
(1) The hearing of claims in the Board shall be conducted in an informal manner.
(2) The Board may order the production of any document, record, book of account or other exhibit which it considers relevant to the claim and put to a party or witness such question as it may think fit.
(3) The Board may investigate any matter which it considers relevant to the claim, whether or not it has been raised by a party.

18. Failure of claimant to appear at hearing
(1) If, upon the hearing of a claim, the claimant does not appear, the Board may strike out the claim, without prejudice, however, to the restoration of such claim by the Board, on the application of the claimant, on such terms as it may think just.
(2) An application under subsection (1) shall be made within 7 days after the hearing or such further period as the Board may allow.

19. Hearing of claims in the absence of defendant
If a defendant fails to appear at the hearing of a claim by himself or by a representative referred to in section 22, the Board may, if it is satisfied that—
(a) a copy of the claim and the notice of the date and place of hearing have been served on the defendant under section 13; and
(b) the facts relating to the claim are sufficiently established,
inquire into, hear and determine the claim and make such award or order as it may think fit, notwithstanding the absence of the defendant.

20. Setting aside award or order made in absence of defendant
(1) Any award or order made by the Board under section 19 in the absence of a defendant at a hearing may be set aside by the Board, on the application of the defendant, on such terms as it may think just.
(2) An application under subsection (1) shall be made within 7 days after the hearing or such further period as the Board may allow.

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

21. Announcement of decision
(1) The adjudication officer shall deliver his determination of a claim and make such award or order thereon as he may think fit as soon as possible after the conclusion of the hearing of the claim.
(2) The reasons for an award or order may be given orally or in writing as the adjudication officer may think fit.
(3) An adjudication officer shall, when he has made an award or order orally, reduce it to writing as soon as possible, and in any case not later than 14 days after the date of the award or order.
(4) Every written award or order shall be served by the registrar on the parties.
(5) Service of a written award or order under subsection (4) shall be effected—
(a) by delivering it personally to the party to be served;
(b) by leaving it with some person for him at his last known place of residence or business;
(c) by sending it by post addressed to him at his last known place of residence or business; or
(d) in such other manner as the registrar may think fit.

22. Right of audience
(1) The following persons shall have a right of audience before the Board—
(a) any party;
(b) an officer or servant of a corporation who is authorized in writing by the corporation to appear as its representative, if the corporation is a party;
(c) a member of a partnership, if the persons comprising the partnership are parties;
(d) with the leave of the Board, an office-bearer of a trade union registered under the Trade Unions Ordinance (Cap. 332) or of an association of employers who is authorized in writing by a party to appear as his representative.
(2) No barrister or solicitor, including a barrister or solicitor who is a public officer, whether or not qualified to practise in a court in Hong Kong, shall have a right of audience before the Board unless he is acting on his own behalf as a party.

23. Claims may be joined
(1) If 2 or more claims are filed and it appears to the Board that—
(a) a common question of law or fact arises in both or all of them;
(b) the claims arise out of the same cause of action; or
(c) it would be in the interests of justice to do so,

the Board may order that such claims be joined.
(2) The power conferred by this section may be exercised notwithstanding that an inquiry into or hearing of 1 or more of the claims has been commenced.

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

24. Representative claims
(1) Subject to subsection (2), if 2 or more, but not more than 5, persons have claims against the same defendant, such claims may be brought in the name of one of such persons as the representative of some or all of them.
(2) The Board may, if at any stage of the proceedings it considers that the bringing of a representative claim may prejudice the defendant, order that the claims of all or any of the persons represented shall be inquired into, heard and determined separately.
(3) Subject to subsection (4), each person represented in a representative claim shall be deemed to have authorized the representative on his behalf to—
(a) call and give evidence and make submissions to the Board on any matter arising during the inquiry into the claim;
(b) file affidavits, statements or other documents;
(c) agree to an adjournment or change of venue;
(d) agree to a settlement of the claim on such terms as he may think fit;
(e) amend the claim in respect of all or any of the individual claims or to abandon the claim; and
(f) act generally in as full and free a manner as such claimant could act himself.
(4) The Board may, upon the application of a person represented in a representative claim, order that an authority deemed to be given under subsection (3) does not apply to the representative of that person.
(5) The Board may, at any time before making an award, grant leave to any person to join as a person represented in a claim on such terms as it may think fit.
(6) The Board may cause public notice to be given, in such manner as it may think fit, of the particulars of a representative claim which has been filed and of the date and place which have been fixed for the hearing of the claim.