Page:Race Discrimination Ordinance (Cap. 602).pdf/71

(5) The Court in the exercise of its jurisdiction under the Race Discrimination Ordinance (29 of 2008)—

(a) shall not be bound by the rules of evidence; and

(b) may inform itself of any matter in such manner as it sees fit, with due regard to—

(i) the rights of the parties to the proceedings therein to a fair hearing;

(ii) the need to determine the substantial merits of the case; and

(iii) the need to achieve a prompt hearing of the matters at issue between the parties.

(6) Subject to subsection (5), any rules made in accordance with the provisions of this section may be made so as to modify, with respect to proceedings in the Court, any rule of law or practice as to the proof of any matter or as to the reception or admissibility of any matter in evidence.

(7) No rule made in accordance with the provisions of this section shall apply to any proceedings by or against the Government except in so far as it expressly purports so to do.

(8) It is hereby declared that—

(a) subject to paragraph (c), this section—

(i) shall not of itself operate to prevent the making of any rules—

(A) under the provisions of any other section of this Ordinance; and

(B) which relate, whether in whole or in part, to the jurisdiction conferred on the Court by virtue of the Race Discrimination Ordinance (29 of 2008); and

(ii) shall not of itself operate to prevent any rules made under the provisions of any other section of this Ordinance from applying to and in relation to such jurisdiction;

(b) where there is any conflict or inconsistency between—

(i) any rules made under subsection (2)(b); and

(ii) any rule of law and practice regulating the description of persons who may appear in, conduct, defend and address the Court in, any proceedings therein,

then those rules shall, to the extent of that conflict or inconsistency, as the case may be, prevail over that rule of law and practice;