Cap. 360C 《肺塵埃沉着病及間皮瘤(補償)上訴規則》Pneumoconiosis and Mesothelioma (Compensation) Appeal Rules

生效中

版本日期: 2023-02-09

Cap. 360B

Cap. 361

Pneumoconiosis and Mesothelioma (Compensation) Appeal Rules

(6 of 2008 s. 33)

(Cap. 360, section 46(4))

(Enacting provision omitted—E.R. 1 of 2023)

[21 July 1995]

(Format changes—E.R. 1 of 2023)

1. Interpretation

In these Rules—

appeal (上訴) 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 (司法常務官) means the Registrar of the District Court. (28 of 2000 s. 47)

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 Rules of the District Court (Cap. 336 sub. leg. H) 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. (25 of 2008 s. 12)

3. Register

(1)

The Registrar shall cause to be kept a register of appeals to be called the “Register of Pneumoconiosis and Mesothelioma (Compensation) Appeals”. (6 of 2008 s. 34)

(2)

The Register shall be kept in such form as the Chief Justice may from time to time direct.

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.

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.

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.

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.

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.

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.

10. Automatic directions

(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. A) 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. A) 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)

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;

(b)

that the appellant may serve on the respondent interrogatories relating to the issues to be raised in the preliminary hearing and the respondent shall answer the same on oath within 14 days of such service;

(c)

that any party to the proceedings may, not less than 14 days before the preliminary hearing, serve on any other party a notice requiring any deponent to an affidavit or interrogatory to attend at the preliminary hearing for examination and cross-examination on his affidavit or interrogatory; and

(d)

that either party may set down the matter for hearing within 3 months of the filing of the respondent’s Answer.

(3)

At the conclusion of a preliminary hearing under this rule, the Court shall, unless the appeal is dismissed, give directions as to the further conduct of the appeal.

12. Time limits

The Court may, on such terms as it thinks just, extend or abridge the period within which any party is required or authorized to do any act under these Rules.

Schedule — Forms

[rules 6(1) & 8]

	Form 1
		[rule 6(1)]

IN THE DISTRICT COURT OF HONG KONGCIVIL JURISDICTION

P.M.C.A. No. of

IN THE MATTER of the
Pneumoconiosis and
Mesothelioma (Compensation)
Ordinance (Cap. 360)

Between:

Appellant

AND

Respondent

NOTICE OF APPEAL

TAKE NOTICE that the Appellant desires to appeal against
. (state the nature of the appeal and the award, assessment or review appealed against).

THE GROUNDS of THE APPEAL are—









Dated the . day of .


	Registrar.
This Appeal is taken out by .,
solicitors for the Appellant whose address for service is—






	Solicitors for the Appellant.

To: The Registrar,
District Court of Hong Kong.
and to:

(L.N. 17 of 1997; 6 of 2008 s. 35)

	Form 2
		[rule 8]