【法规名称】
【法规编号】 79961 什么是编号？
【正 文】
CAP 360C PNEUMOCONIOSIS (COMPENSATION) APPEAL RULES
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(Cap 360 section 46(4)) [21 July 1995] (L.N. 346 of 1995) Cap 360C s 1 Interpretation In these Rules- "appeal" (上诉) means an appeal to the Court under the Ordinance; "Court" (法院) means the District Court and any judge of the Court sitting in court or in chambers; "Registrar" (司法常务官) means the Registrar of the District Court. (28 of 2000 s. 47) (Enacted 1995) Cap 360C s 2 Application (1) These Rules apply to appeals to the Court under the Ordinance. (2) Subject to the provisions of the Ordinance and of these Rules, the District Court Civil Procedure (General) Rules (Cap 336 sub. leg.) apply to appeals to the Court under the Ordinance as they apply to civil proceedings in the Court, with such modifications as are necessary for that purpose. (Enacted 1995) Cap 360C s 3 Register (1) The Registrar shall cause to be kept a register of appeals to be called the "Register of Pneumoconiosis (Compensation) Appeals". (2) The Register shall be kept in such form as the Chief Justice may from time to time direct. (Enacted 1995) Cap 360C s 4 Action number (1) The first document lodged with the Registrar by an appellant in an appeal shall be marked by the Registrar with a separate number. (2) Any document lodged subsequently by any party in relation to the same appeal must first be marked with the same number by the party lodging it, and unless so marked may be refused by the Registrar. (Enacted 1995) Cap 360C s 5 Registrar may sign minute of order, etc. Any minute of any order or appointment made by the Court and any receipt to be given by the Court may be signed by the Registrar. (Enacted 1995) Cap 360C s 6 Commencement of appeal (1) An appeal shall be commenced by lodging with the Registrar a Notice of Appeal in Form 1 of the Schedule. (2) A sealed copy of the Notice of Appeal bearing the number allocated in accordance with rule 4 shall be returned to the appellant for service. (Enacted 1995) Cap 360C s 7 Service of Notice of Appeal The appellant shall serve the respondent with the Notice of Appeal within 14 days of filing the same with the Court, or within such longer period as the Court may allow. (Enacted 1995) Cap 360C s 8 Answer The respondent shall, within 14 days of service of the Notice of Appeal upon him, file with the Court an Answer in Form 2 of the Schedule and serve a sealed copy on the appellant. (Enacted 1995) Cap 360C s 9 Contents of Notice of Appeal and Answer (1) The appellant's Notice of Appeal shall contain a concise statement of the grounds upon which the appeal is made and the relief or order which the appellant claims or the question which he desires to have determined. (2) The respondent's Answer shall state- (a) whether liability to pay compensation is admitted or denied and whether the denial is total or partial; (b) if liability is partially admitted or denied, the extent of admission or denial; (c) in the case of a denial of liability, the grounds of such denial.(3) Sufficient particulars shall be given in the Notice of Appeal and the Answer to inform the other party of the nature of the case to be met. (Enacted 1995) Cap 360C s 10 Automatic directions Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Upon service of the respondent's Answer, unless the Court otherwise orders, the following automatic directions shall apply- (a) that the parties to the appeal shall make discovery by exchanging lists of documents within 14 days; (b) that any application for third party discovery shall be made within 28 days of service of the Answer; (c) that where any party intends to place reliance at the hearing of the appeal on medical or other expert evidence, he shall, not less than 42 days before such hearing, disclose the substance of that evidence to the other party in the form of a written report, which shall be agreed if possible; and (d) that application to set the appeal down for hearing shall be made within 6 months of the filing of the Answer.(2) Order 24 of the Rules of the High Court (Cap 4 sub. leg.) shall apply, with such modifications as may be necessary, to any discovery to which an automatic direction under subrule (1)(a) applies. (25 of 1998 s. 2) (3) Section 42 of the High Court Ordinance (Cap 4) and Order 24, rule 7A of the Rules of the High Court (Cap 4 sub. leg.) shall apply, with such modifications as may be necessary, to any application for third party discovery to which an automatic direction under subrule (1)(b) applies. (25 of 1998 s. 2) Cap 360C s 11 Preliminary hearing (1) If in his Answer the respondent seeks to rely on section 20(3) or (4) of the Ordinance, then save as the Court may otherwise direct, the issues raised in respect of those provisions shall be determined at a preliminary hearing. (2) For the purposes of a preliminary hearing under this rule the following automatic directions shall apply- (a) that the evidence upon which the parties intend to rely in the preliminary hearing shall be filed with the Court by way of affidavits not less than 42 days before the hearing; |
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