Page:Race Discrimination Ordinance (Cap. 602).pdf/70

“73E. Rules in relation to jurisdiction under Race Discrimination Ordinance

(1) The Rules Committee may make rules regulating the practice of the Court in the exercise of its jurisdiction under the Race Discrimination Ordinance (29 of 2008) and the forms of proceedings therein.

(2) The power to make rules under subsection (1)—

(a) shall extend to—

(i) all matters of procedure or practice; and

(ii) matters relating to or concerning the effect or operation in law of any procedure or practice in any case within the cognizance of the Court as to which rules of the High Court have been or might be made for cases within the cognizance of the High Court; and

(b) shall include the power to make rules—

(i) as to proceedings by or against the Government;

(ii) as to the persons who may appear in, conduct, defend and address the Court in, any proceedings therein;

(iii) to make special provision for any proceedings in the Court where regulations made under section 83 of the Race Discrimination Ordinance (29 of 2008) apply to the proceedings.

(3) Each party to any proceedings in the Court in the exercise of its jurisdiction under the Race Discrimination Ordinance (29 of 2008) shall bear its own costs unless the Court otherwise orders on the ground that—

(a) the proceedings were brought maliciously or frivolously; or

(b) there are special circumstances which warrant an award of costs.

(4) Without prejudice to the generality of the provisions of subsections (1) and (2), the power to make rules under this section shall extend to—

(a) prescribing the place or places which shall be the venue or venues for proceedings to which this section relates;

(b) requiring the judge or judges sitting at such venue or venues to give priority, to such extent as may be specified in the rules, to hearing and disposing of proceedings to which this section relates;

(c) empowering any such judge at any stage of any proceedings, of his or her own motion, to order that any claim be transferred to the tribunal within the meaning of the Labour Tribunal Ordinance (Cap. 25) where the claim is—

(i) beyond the jurisdiction of the Court; and

(ii) within the jurisdiction of that tribunal.