PART VII

PROCEDURE AND POWERS OF COURTS

Procedure of Courts
60. —(1) In the hearing and determination of a trade dispute or in any other proceedings before a Court —

(a) the procedure of the Court shall, subject to the provisions of this Act, be within the discretion of the Court;

(b) the Court shall not be bound to act in a formal manner and shall not be bound by the Evidence Act (Cap. 97) but may inform itself on any matter in such manner as it thinks just; and

(c) the Court shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

(2) The Court may determine the periods which are reasonably necessary for the fair and adequate presentation of the respective cases of the parties to the trade dispute or other proceedings and require that those cases be presented within the respective periods so determined.

(3) The Court may require evidence or argument to be presented in writing and may decide the matters on which it will hear oral evidence or argument.

Particular powers of Courts
61. A Court may in relation to a trade dispute of which it has cognizance or any other matter before it —

(a) take evidence on oath or affirmation;

(b) summon before it the parties to the trade dispute or matter and witnesses and compel the production before it of books, papers, documents and things;

(c) hear and determine the trade dispute or matter in the absence of a party who has been summoned or served with notice to appear;

(d) conduct its proceedings or any part of its proceedings in private;

(e) refer a matter to an expert and accept his report as evidence;

(f) direct parties to be joined or struck out;

(g) order the reinstatement of a dismissed employee or grant such other relief as it may consider desirable;

(h) dismiss the trade dispute or matter or part thereof if it appears that it is trivial or that further proceedings are not necessary or desirable in the public interest or that, having regard to the provisions of any relevant award made by a Court, or of any relevant collective agreement registered under this Act or made before 15th September 1960 and not so registered, the trade dispute or matter or part thereof ought to be dismissed; and

(i) generally give all such directions and do all such things as are necessary or expedient for the expeditious and just hearing and determination of the trade dispute or matter.

Exclusion of evidence as to certain matters
62. —(1) Where a trade dispute relates to matters as to which negotiations have taken place in accordance with this Act, the parties to the dispute may agree upon and present to the Court a written statement relating to the negotiations but except for such statement no evidence shall be given in proceedings in the Court as to the negotiations.

(2) In proceedings before the Court, evidence shall not be given with regard to any offer relating to industrial matters made without prejudice by any person or trade union without the consent of that person or trade union.

Intervention by Attorney-General
63. —(1) Where the Attorney-General —

(a) is of the opinion that a dispute of which a Court has cognizance relates to a matter of public importance; and

(b) has caused a notification to be published in the Gazette stating that he is of that opinion and that he intends to intervene in proceedings before the Court in relation to the dispute,

the Attorney-General may intervene in those proceedings by causing a copy of the notification to be served on the Registrar.

(2) Where the Attorney-General has intervened in proceedings before the Court, the Court may grant leave to any trade union or person to intervene in those proceedings.

Representation before Courts
64. —(1) In proceedings before a Court, a party or intervener —

(a) being a trade union, may be represented by an officer of the trade union or, in the case of a trade union of employees, by an officer of the trade union or by an industrial relations officer selected by the trade union; or

(b) not being a trade union, may be represented —

(i) by an employee of that party or intervener; or

(ii) by an officer of a trade union of which that party or intervener is a member,

but shall not be represented by an advocate and solicitor or paid agent except in proceedings under section 57 or by leave of the Court in proceedings in which the Attorney-General has intervened.

(2) A person who is disqualified under subsection (1) from representing a party or intervener in proceedings before the Court shall not in those proceedings communicate, in the face or hearing of the Court, with a party or intervener or a person representing a party or intervener.

(3) In this section, “officer”, in relation to a trade union, includes for the purposes of any proceedings before the Court a person appointed by the body, by whatever name called, to which the management of the affairs of the trade union is entrusted, to represent the trade union in those proceedings.

(4) For the purposes of this section, a person who, within 6 months before the commencement of any proceedings before the Court, has been practising as an advocate and solicitor shall be deemed not to be an officer of a trade union for the purposes of those proceedings or an employee of a party or intervener.

Questions of law
65. —(1) A Court may refer a question of law arising in relation to any trade dispute or matter to the Attorney-General for his opinion.

(2) Before referring a question of law to the Attorney-General in accordance with subsection (1), the Court shall inform the parties to the trade dispute or matter, in relation to which the question arises, of the question which it proposes to refer and allow the parties a reasonable opportunity to make written submissions relating to the question.

(3) Submissions made in accordance with subsection (2) shall be referred to the Attorney-General and the Attorney-General shall, after considering those submissions, furnish his opinion to the Court.

(4) Notwithstanding a reference of a question of law to the Attorney-General (not being a question as to whether the Court may exercise powers under this Act in relation to a trade dispute or matter), the Court may make an award or order in relation to the trade dispute or matter in which the question arose.

(5) Upon receiving the opinion of the Attorney-General, the Court —

(a) may, if it has not made an award or order in the trade dispute or matter in which the question arose, make an award or order not inconsistent with the opinion; or

(b) shall, if it has made an award or order in the trade dispute or matter, vary the award or order in such a way as will make it consistent with the opinion.

Authorised person to take evidence
66. A Court may authorise a person to take evidence on its behalf, with such limitations (if any) as the Court directs, in relation to a trade dispute of which it has cognizance and that person shall have all the powers of the Court to secure the attendance of witnesses and to take evidence on oath or affirmation.

Powers of inspection
67. —(1) Where a Court has cognizance of a trade dispute, the President, a member who constitutes the Court in relation to the trade dispute or a person authorised by the President, may at any time during working hours —

(a) enter any building, ship, vessel, place or premises in which work is being or has been done or commenced, or a matter or thing is taking or has taken place, to which the trade dispute relates; and

(b) to the extent and for the purposes named in the authority, inspect or view any work, material, machinery, appliance, article or thing therein and interview any employee engaged therein.

(2) A person who —

(a) hinders or obstructs a person in the exercise of the power conferred by subsection (1); or

(b) makes to a person exercising a power conferred by that subsection a statement either orally or in writing which is false or misleading in any particular,

shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

Decisions of Court
68. —(1) Where a Court constituted otherwise than by the President alone is divided in opinion on a question, the question shall be decided according to the decision of the majority of those constituting the Court or, if there is no such majority decision, according to the decision of the President.

(2) A decision of a Court shall be signed by the President and shall be delivered by him or by the Registrar at the direction of the President.

(3) The decision of a Court upon a trade dispute or matter shall be given within 2 weeks after the completion of the hearing of the trade dispute or matter or within such extended time as in special circumstances the Court considers to be required for the proper consideration of the trade dispute or matter.

Offences in relation to Court
69. —(1) A person who —

(a) creates a disturbance or takes part in creating or continuing a disturbance in or near any place in which a Court is sitting;

(b) interrupts the proceedings of a Court;

(c) wilfully insults or disturbs the President or a member constituting a Court when exercising powers or functions under this Act; or

(d) by writing or speech uses words calculated —

(i) to influence improperly the President or a member constituting a Court in the exercise of his powers and functions under this Act; or

(ii) to bring a Court into disrepute,

shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) A reference in subsection (1) to a Court or to the President shall be read as including a reference to a person authorised in accordance with section 66 to take evidence on behalf of a Court.

Contempt by witness
70. —(1) A person who has been summoned to appear, or who has appeared, before a Court as a witness and who without just cause, proof whereof shall be upon him —

(a) disobeys the summons to appear;

(b) refuses or fails to be sworn as a witness;

(c) refuses or fails to answer any question which he is required by the Court to answer; or

(d) refuses or fails to produce any book, paper, document or thing which he is required by the Court to produce,

shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) A reference in subsection (1) to a Court shall be read as including a reference to a person authorised in accordance with section 66 to take evidence on behalf of a Court.

Application of Penal Code
71. Proceedings before a Court shall be deemed to be judicial proceedings for the purposes of the Penal Code (Cap. 224) and the Court shall be deemed to be a court of justice within the meaning of the Penal Code.

Trade secrets, etc., tendered in evidence
72. —(1) In any proceedings before a Court, objection may be taken that any information or any book, paper or document tendered as evidence relates to a trade secret or to the profits or financial position of a witness or party by that witness or party or the person entitled to the trade secret.

(2) Where after considering any objection under subsection (1) the Court directs that information so relating shall be given in evidence —

(a) that information shall not except with the permission of the President be disclosed or published in any newspaper or otherwise; and

(b) that evidence shall, if the witness or party or the person entitled to the trade secret so requests, be taken in private and no person who is not expressly authorised by the Court to be present shall be present during the taking of that evidence.

(3) Where evidence is taken in private, a person representing a party to the proceedings shall have the right to be present unless the Court otherwise orders.

(4) Where after considering any objection under subsection (1) the Court directs that any book, paper or document relating to any trade secret or the profits or financial position of a witness or party or person entitled to the trade secret shall be produced before it —

(a) the President shall have the custody of such book, paper or document and may retain it for such reasonable period as he thinks fit;

(b) the Court may refer such book, paper or document to an accountant appointed by the Court who may report to the Court whether or not his examination of it supports the evidence given but shall not otherwise disclose the contents thereof;

(c) the President shall not without the consent of the witness or party or person entitled to the trade secret permit such book, paper or document to be inspected by any person other than the members of the Court; and

(d) a person who inspects such book, paper or document shall not disclose or publish the contents of such book, paper or document.

(5) A Court may direct that any evidence given in proceedings before it or the contents of any book, paper or document produced before it shall not be published.

(6) Any person who discloses or publishes any information in contravention of this section or of any direction or order given or made thereunder shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Inspection of books, etc.
73. Subject to section 72, all books, papers, documents and things produced in evidence before a Court may be inspected by the Court or by such parties as the Court allows.