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

35. Procedure on appeal
Subject to this Ordinance, an appeal from the Board shall be brought in such manner and shall be subject to such conditions as shall be prescribed.

36. Stay of execution on review or appeal
Neither a decision by an adjudication officer to exercise his power of review under section 30 nor the filing of an application for leave to appeal under section 31 or 33 shall operate as a stay of execution of an award or order unless the Board, the Court of First Instance or the Court of Appeal, as the case may be, otherwise orders and any stay of execution may be subject to such conditions as to costs, payment into the Board, the giving of security or otherwise as the Board, the Court of First Instance or the Court of Appeal may think just.
(Amended 25 of 1998 s. 2)

37. Enforcement of award of Board
An award or order of the Board may be registered, in such manner as may be specified by the Registrar of the District Court, in the District Court and shall, on such registration, become for all purposes a judgment of the District Court and, subject to section 39, may be enforced accordingly, notwithstanding that the amount for which an award or order has been given is not within the jurisdiction of the District Court.

38. Interest on claims and awards
(1) The Board may include in the amount of an award interest at the rate specified in subsection (4) on the whole or any part of the period between the date when the cause of action arose and the date of the award.
(2) The power conferred by subsection (1) may be exercised—
(a) whether or not interest is expressly claimed;
(b) at any time after the date of the award if it appears to the Board that the failure to claim or to award interest was through inadvertence; and
(c) where an award is made against the defendant in his absence.
(3) An award shall carry interest at the rate specified in subsection (4) on the aggregate amount thereof, or on such part thereof as for the time being remains unsatisfied, from the date of the award until satisfaction.
(4) The rate of interest specified for the purpose of subsections (1) and (3) shall be the rate fixed by the Chief Justice by notice in the Gazette under section 50 of the District Court Ordinance (Cap. 336).

39. Payment of award
In a joint or representative claim the amount of an award shall be paid to the claimants or persons represented in such amount and manner as the Board may think fit.

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

40. Immunity
(1) In the performance of any function under this Ordinance, an adjudication officer has the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that court.
(2) A witness before the Board shall be entitled to the same privileges and immunities as if he were a witness in civil proceedings in the Court of First Instance.
(Amended 25 of 1998 s. 2)

41. Offences
(1) Any person who by threats, persuasion or otherwise induces a witness or a party not to give evidence in any hearing before the Board commits an offence.
(2) Any person who, in a hearing before the Board—
(a) uses a threatening or insulting expression to or concerning or in the presence of the adjudication officer; or
(b) behaves in an insulting manner or wilfully interrupts the hearing,

commits an offence.
(3) Any person who, without reasonable cause, fails to comply with an order under section 17(2) to produce any document, record, book of account or other exhibit commits an offence.
(4) Any person who commits an offence under subsection (1), (2) or (3) shall be liable to a fine at level 3 and to imprisonment for 6 months.
(5) A prosecution for an offence under subsection (3) may be brought in the name of the Commissioner and may be commenced and conducted by any officer of the Labour Department authorized in that behalf in writing by the Commissioner.
(6) Nothing in this section shall derogate from the power of the Secretary for Justice in respect of the prosecution of criminal offences. (Amended L.N. 362 of 1997)
(Amended E.R. 1 of 2013)

42. Chief Justice may make rules
The Chief Justice may make rules—
(a) regulating the procedure for—
(i) applying for review, and the hearing of such applications, under section 30;
(ii) applying for leave to appeal, and the hearing of such applications, under sections 31 and 33;
(iii) the hearing of appeals under sections 32 and 34;
(b) regulating the transfer of proceedings to the Labour Tribunal;
(c) providing for matters of procedure which are not provided for in this Ordinance;
(d) prescribing anything which is to be or may be prescribed;
(e) prescribing the fees and costs applicable to proceedings in the Board;
(f) generally for the better carrying out of the provisions of this Ordinance.

43. Procedure generally
Where no provision is made by this Ordinance or rules made under section 42, the practice and procedure in the Board shall be such as the Board may determine, either generally or in any particular proceeding.

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

56. (Omitted as spent—E.R. 1 of 2013)

### New Territories Land (Exemption) Ordinance 《新界土地(豁免)條例》

1. Short title
This Ordinance may be cited as the New Territories Land (Exemption) Ordinance.

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
land (土地) has the meaning assigned to it under section 2 of the New Territories Ordinance (Cap. 97);
rural land (農村地) means land in the New Territories being the subject of a Government lease of an old schedule lot, village lot, small house holding or similar rural holding. (Amended 53 of 1997 s. 59; 29 of 1998 s. 105)
(2) For the purposes of the definition of rural land

3. Exemption of land from Part II of the New Territories Ordinance (Cap. 97)
Subject to sections 4 to 6, any land in the New Territories of the description mentioned in section 7(2) and (3) of the New Territories Ordinance (Cap. 97) shall—
(a) from the commencement* of this Ordinance, in the case of rural land, not being land exempted by the Chief Executive under that section from Part II of that Ordinance, be deemed for the purpose of entitlement to rural land in succession, and only for that purpose, to be exempt under that section from Part II of that Ordinance; and
(b) from the date of the grant of the Government lease, in the case of any land other than rural land, not being land exempted by the Chief Executive under that section from Part II of that Ordinance, be deemed for any purpose, to have always been exempt under that section from Part II of that Ordinance. (Amended 29 of 1998 s. 105)
(Amended 40 of 1999 s. 3) Editorial Note:

* Commencement date: 24 June 1994. 

4. Savings relating to certain transactions and statutory succession
(1) Any transaction affecting land in the New Territories referred to in section 3 and executed prior to the commencement* of this Ordinance shall not, by reason only of that section, be unenforceable or of no effect or be called into question in any court.
(2) Nothing in section 3 shall affect the entitlement of a successor registered under section 17 of the New Territories Ordinance (Cap. 97), prior to the commencement* of this Ordinance.

Editorial Note:

* Commencement date: 24 June 1994.