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

15A. Claims, etc. transferred from the Minor Employment Claims Adjudication Board, etc.
(1) Where a claim is transferred to the tribunal under section 8(3) of the Minor Employment Claims Adjudication Board Ordinance (Cap. 453) or under section 7 of the Small Claims Tribunal Ordinance (Cap. 338)— (Amended 28 of 1999 s. 18)
(a) the claim shall upon such transfer be regarded for all purposes as a claim brought under this Ordinance;
(b) all 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 tribunal 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 tribunal 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) all 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 tribunal 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)
(Added 61 of 1994 s. 47 )

16. Presiding officers etc. to prevent delay to the prejudice of claimant
Every presiding officer, registrar, deputy or assistant registrar, tribunal officer and authorized officer shall ensure that there is no avoidable delay in the determination of a claim and shall have regard to any proceedings in any other court which may result in judgments to the prejudice of the claimant.

17. Place of hearing
A presiding officer shall sit for the disposal of the business of the tribunal at such places and times as, having regard to the convenience of the parties and witnesses, he may think fit.

18. Hearing to be in public unless otherwise ordered
The hearing of a claim shall be conducted in public unless the presiding officer considers that in the interests of justice the hearing or any part thereof should be in private, in which case he shall order accordingly.

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

19. Keeping of summary of evidence, etc.
The presiding officer shall keep or cause to be kept a summary, whether by means of shorthand notes or mechanical, electronic or optical means or otherwise, of the evidence, submissions or statements made or given and of any point of law raised at the hearing and of his decision on such point of law.
(Amended 18 of 1974 s. 7; 25 of 1999 s. 6)

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

20A. Failure of claimant to appear at hearing
(1) If, upon the hearing of a claim, the claimant does not appear, the tribunal may strike out the claim, without prejudice, however, to the restoration thereof by the tribunal, on the application of the claimant, on such terms as it thinks just.
(2) An application under subsection (1) shall be made within 7 days after the hearing or such further period as the tribunal may allow.
(Added 14 of 1984 s. 2)

21. Hearing of claim in absence of defendant
If a defendant who has been duly served with a copy of the claim and a notice of hearing fails to appear at the hearing, by himself or by a person authorized by the tribunal to appear on his behalf, the tribunal may, if it is of the opinion that the facts relating to the claim are sufficiently established, hear and determine the claim and make such award or order as it may think fit, notwithstanding the absence of the defendant.

21A. Setting aside award or order made in absence of defendant
(1) Any award or order made by the tribunal under section 21 in the absence of a defendant at a hearing may be set aside by the tribunal, on the application of the defendant, on such terms as it thinks just.
(2) An application under subsection (1) shall be made within 7 days after the hearing or such further period as the tribunal may allow.
(Added 14 of 1984 s. 3)

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

22. Decision to be announced at conclusion of hearing if possible
(1) The presiding 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 presiding officer may think fit.
(3) A presiding 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, and it shall not be necessary for the party in whose favour an award or order has been made to prove that it reached the party to be served. (Replaced 25 of 1976 s. 2)
(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 at his place of business; (Amended 25 of 1999 s. 7)
(ba) by sending it by post addressed to him at his last known place of residence or at his place of business; or (Added 25 of 1999 s. 7)
(c) in such other manner as the registrar thinks fit. (Added 25 of 1976 s. 2)