Cap. 453 sub. leg. C

Minor Employment Claims Adjudication Board (Suitors’ Funds) Rules(Cap. 453, section 42)(Enacting provision omitted—E.R. 2 of 2020) [23 December 1994](Format changes—E.R. 2 of 2020) 1. Interpretation In these Rules, unless the context otherwise requires—funds (儲存金) means money standing in or to be placed to the registrar’s account which includes money paid in satisfaction of any claim or pursuant to any order;order (命令) means an award or order of the Board or, in case of an appeal, of the Court of First Instance or the Court of Appeal. (25 of 1998 s. 2) 2. Payment to the Board (1) All funds to be paid to the Board shall be paid to the registrar.(2) Except where the circumstances otherwise require, the registrar shall pay any funds paid to the Board to one account which is not interest earning (to be called the “Minor Employment Claims Adjudication Board Suitors’ Funds Account”) at such bank as the Director of Accounting Services shall direct. (E.R. 2 of 2020)(3) An adjudication officer may give a direction to the registrar that an amount equal to the moneys standing to the credit of a particular person on a particular date as recorded in the accounts kept pursuant to rule 4 be transferred from the account referred to in subrule (2) to a separate interest-bearing account (to be opened in the name of the case) with such bank as the adjudication officer shall direct and that adjudication officer shall give a direction to the registrar to pay out any interest accrued, in such proportion as the adjudication officer shall direct, to the person by whom or on whose behalf the funds are paid to the Board, or to the person on whose credit the funds are paid to the Board, or to both. 3. Registrar to give receipt (1) The registrar shall give a receipt to any person by whom or on whose behalf the funds are paid to the Board.(2) A receipt given under this rule shall contain particulars sufficient to identify the payment to which it relates and such of the following as may be applicable—(a) where the funds are paid to the Board by or on behalf of a defendant in satisfaction of any claim, the names of the defendant and the claimant;(b) where the funds are paid to the Board pursuant to an order, the date of the order and whether it is an order of the Board, the Court of First Instance or the Court of Appeal;(c) where the funds are paid as security given pursuant to an order of the Board, the Court of First Instance or the Court of Appeal, the name of the party by whom or on whose behalf the funds are paid to the Board.(25 of 1998 s. 2) 4. Registrar to keep accounts The registrar shall keep appropriate accounts in respect of all funds paid to the Board and of all dealings relating thereto. 5. Payment out from the Board (1) Funds paid to the Board shall not be paid out except by the direction of an adjudication officer or in pursuance of an order, and every such direction or order shall specify in full the name of every person to whom payment is to be made:Provided that—(a) in the case of payment to a firm, it shall be sufficient to state the business name of such firm;(b) in the case of payment to partners, payment may be made to any one or more of such partners or to the survivor of them, as the case may be.(2) Funds paid to the Board may be paid out by cheque or in cash as the registrar may determine and, in the case of payment by cheque, the cheque shall be signed by 2 persons authorized in writing from time to time by the registrar.(3) Payment out may be made at the office of the Board on any week-day, not being a Saturday or general holiday, between the hours of 10 a.m. and 1 p.m. and between the hours of 2 p.m. and 4 p.m.; and on any Saturday (not being a general holiday) between the hours of 10 a.m. and 12 noon. (E.R. 2 of 2020) 6. Payment out on death of person entitled Where the registrar is satisfied that any person entitled under rule 5 to payment out of funds has died, he may pay out such funds (or any portion thereof remaining unpaid at the date of the death of the deceased) to the legal personal representatives of the deceased or, if it appears that any such personal representative has died, to the survivor or survivors of them. 7. Transfer of unclaimed funds to general revenue (1) Where any funds paid to the Board in respect of any order or any interest accrued as a result of any direction made under rule 2(3) remain unclaimed for a period of 5 years after the date of such order or direction, the Chief Justice may, on application by the registrar, direct that such funds or interest shall be paid into the general revenue.(2) Before giving any direction under subrule (1), the Chief Justice may direct that such notice, if any, as he thinks necessary shall be given in such manner and to such persons as he may so direct. 8. Annual statement of accounts The registrar shall in each year cause to be prepared for the period of 12 months ending on 31 March in that year a statement of the accounts kept by him under rule 4, and such statement shall—(a) include a receipts and payments account and a statement of assets and liabilities; and(b) be signed by the registrar.