### Labour Tribunal Ordinance 《勞資審裁處條例》

23. Right of audience
(1) The following persons shall have a right of audience before the tribunal—
(a) a claimant or defendant;
(b) a tribunal officer;
(c) an authorized officer;
(d) an officer or servant of an unincorporated or incorporated company or a member of a partnership, if the company or partnership is a party; (Amended 14 of 2003 s. 11)
*(e) with the leave of the tribunal, an office bearer of a registered trade union or of an association of employers who is authorized in writing by a claimant or defendant to appear as his representative; and (Amended 101 of 1997 s. 24; 135 of 1997 s. 14; 14 of 2003 s. 11)
(f) a public officer, not being a barrister or solicitor, who appears on behalf of the Secretary for Justice, if the Secretary for Justice is a claimant or a defendant. (Added 14 of 2003 s. 11)
(2) A barrister or solicitor shall have a right of audience before the tribunal only if he is—
(a) acting on his own behalf as a claimant or a defendant; or
(b) appearing before the tribunal on behalf of an offender for the purpose of section 42. (Replaced 25 of 1999 s. 8)

Editorial Note:
* As to the suspension of operation of 101 of 1997, please see s. 4(1) and (2) of Cap. 538. On 31 October 1997, that s. 4(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect. Please see s. 14(2) of 135 of 1997.

24. Claims may be joined
(1) If 2 or more claims are filed and it appears to the tribunal 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,
the tribunal 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 one or more of the claims has been commenced.

### Labour Tribunal Ordinance 《勞資審裁處條例》

25. Representative claims
(1) Subject to subsection (2), if 2 or more 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 tribunal 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 separately.
(3) 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 tribunal on any matter arising during the inquiry into the claim;
(b) file affidavits, statements or other documents;
(c) agree to a summary of facts prepared by a tribunal officer;
(d) agree to an adjournment or change of venue;
(e) agree to the holding of and to take part in conciliation;
(f) agree to a settlement of the claim on such terms as he may think fit;
(g) (Repealed 25 of 1999 s. 9)(h) amend the claim in respect of all or any of the individual claims or to abandon the claim; and
(i) act generally in as full and free a manner as such claimant could act himself.
(4) The authority deemed to be given to a representative by subsection (3) shall not be withdrawn save by leave of the tribunal.
(5) In making an award in respect of a representative claim the tribunal may allocate such part of the award to each person represented as it thinks fit and the amount so allocated shall, for the purposes of section 38 of the Bankruptcy Ordinance (Cap. 6) and section 265 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (which provide for prior payment in bankruptcy and winding-up of certain debts), be considered as a separate award. (Amended 28 of 2012 ss. 912 & 920)
(6) The tribunal 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.
(7) The tribunal 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.

### Labour Tribunal Ordinance 《勞資審裁處條例》

26. Joint defendants
(1) If 2 or more persons are defendants to a claim, as partners or otherwise, it shall be sufficient to serve any of them with process 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 tribunal.
(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 in the tribunal 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 release 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.

27. Evidence
(1) The tribunal 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 in the tribunal, which may receive any evidence which it considers relevant.

28. Costs
(1) Subject to subsection (2), the tribunal may 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 the expenses necessarily incurred and any loss of salary or wages suffered by him,
in attending a hearing of the tribunal or in being interviewed by a tribunal officer.
(2) In making an award of costs under this section, the tribunal shall include a direction as to the amount to be paid by each party who is so liable to pay costs.
(3) An award of costs shall be enforceable in the same way as any other award made by the tribunal.

29. Frivolous or vexatious claims
The tribunal 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 fit.