CONSUMER COUNCIL ORDINANCE ——附加英文版
Hong Kong
CONSUMER COUNCIL ORDINANCE
(CHAPTER 216)
CONTENTS
ion
I PRELIMINARY
hort title
nterpretation
II INCORPORATION AND POWERS
ncorporation of Consumer Council
unctions of Council
owers of Council
embership of Council
eetings of Council
ommittees
isclosure of member's interest
Appointment of staff and advisers
Documents of Council
III FINANCIAL
Resources of Council
Borrowing powers
Investment of funds
Estimates
Accounts, audit and annual report
IV GENERAL
Council not servant or agent of Crown
Governor may give directions
Protection of members of Council and committees
Prohibition of exploitation of the Council's name for
advertisement
oses
Transitional provisions
dule
Whole document
ncorporate the Consumer Council, to define its functions and
powers,
egative personal liability of members and employees for the
Council's
ts committees' acts or omissions, and for connected purposes.
July 1977] L. N. 167 of 1977
PART I PRELIMINARY
hort title
Ordinance may be cited as the Consumer Council Ordinance.
nterpretation
his Ordinance, unless the context otherwise requires--
ncil" means the Consumer Council incorporated by section 3 (1);
ancial year" means each period of 12 months ending with 31 March;
ber" means a member of the Council.
PART II INCORPORATION AND POWERS
ncorporation of Consumer Council
The Consumer Council existing at the commencement of this
Ordinance is
by created a body corporate consisting of the persons who from
time to
hold office as members of the Council.
The Council shall have perpetual succession and a common
seal and
l be capable of suing and being sued and of doing and suffering
all
other acts and things as bodies corporate may lawfully do and
suffer.
The Council shall continue to be known in the Chinese language
as.
unctions of Council
The functions of the Council are to protect and promote the
interests
onsumers of goods and services and purchasers, mortgagors and
lessees
mmovable property by--
collecting, receiving and disseminating
rmation concerning goods, services and immovable property;
receiving and examining complaints by and giving advice to
consumers
oods and services and purchasers, mortgagors and lessees of
immovable
erty;
taking such action as it thinks justified by information
in its
ession, including tendering advice to the Government or to any
public
cer;
encouraging business and professional associations to
blish codes of practice to regulate the activities of their
members;
undertaking such other functions as the Council may adopt
with the
r approval of the Governor in Council.
The Governor may be notice in writing to the Council
declare any
s, services or immovable property or class of goods,
services or
vable property to be outside the scope of the Council's
functions
r subsection (1).
In subsection (1) and in section 5 (2) (c) "goods and services"
does
include goods and services which are--
supplied by--
the Government, the Urban Council or the Regional Council; or
(Amended
f 1985 s. 60)
a body mentioned in the Schedule; or
made the subject of a declaration under subsection (2).
The Governor in Council may, by order published in the Gazette,
amend
Schedule. (Amended 5 of 1992 s. 2)
owers of Council
The Council may do such things as are reasonably necessary to
enable
o carry out its functions.
Without restricting the generality of subsection (1), the Council
may
arrying out its functions--
acquire, hold and dispose of all kinds of property
movable and
vable and in any manner which it thinks fit;
enter into any contract;
undertake the testing and examination of goods and
services and
ection of immovable property; (Amended 5 of 1992s. 3)
produce or distribute, by way of sale or otherwise, any
publication
h is of interest to consumers;
do any thing which it may do under this ordinance in
association or
peration with any other person or sponsor any other person to do
that
g;
charge for the use of any facility or service provided by the
Council;
with the prior approval of the Governor, become a member
of or
liate to any international body concerned with consumer matters.
embership of Council
The Council shall consist of the following members--
a Chairman who shall be appointed by the Governor for a
term not
eding 2 years;
a Vice-Chairman who shall be appointed by the Governor for a term
not
eding 2 years; and (Replaced 28 of 1985 s. 2)
not more than 20 other persons each of whom shall be appointed
by the
rnor for a term not exceeding 2 years. (Replaced 28 of 1989 s.
2)
The Chairman, Vice-Chairman and any other member
appointed under
ection (1) (c) may be reappointed upon expiry of their
respective
s of office. (Amended 28 of 1985 s. 2)
The Chairman, Vice-Chairman and any other member
appointed under
ection (1) (c) may at any time-- (Amended 28 of 1985 s. 2)
resign his office by notice to the Governor; or
be removed therefrom by the Governor for permanent incapacity or
other
icient cause, and upon such resignation or removal the term for
which
as appointed shall be deemed to have expired.
Where the Chairman, Vice-Chairman or any other member appointed
under
ection (1) (c) is precluded by temporary incapacity or other
cause
exercising his functions as such for any period the
Governor may
int another person to act in place of the Chairman Vice-
Chairman or
r member during such period with all such rights, powers,
duties or
ilities as if he had been appointed under subsection (1). (Amended
28
985s. 2)
(Replaced 28 of 1985s. 2)
Where any question arises under subsection (3) or (4) as to
whether
incapacity or cause exists or whether any incapacity is
temporary or
anent or any cause sufficient, the decision of the Governor
thereon
l be final.
eetings of Council
Meetings of the Council shall be held at such times and places
as the
cil, the Chairman or in his absence, the Vice-Chairman may from
time
ime appoint.
The following procedural provisions shall apply to
y meeting of the Council and subject thereto the Council may
regulate
own procedure--
at meetings of the Council 11 members shall form a quorum;
(Replaced
f 1989 s. 3. Amended 5 of 1992 s. 4)
the Chairman or in his absence, the Vice-Chairman shall preside
or, if
are absent or disqualified under section 9 (c), the members
present
l appoint one of their number to preside;
every question shall be determined by a majority of votes
of the
ers present and voting thereon;
in the event of an equality of votes the member presiding shall
have a
ing vote in addition to his ordinary vote.
nded 28 of 1985 s. 3)
ommittees
The Council may appoint committees and may delegate to
them the
cise and performance of any of its powers and functions except
this
r of delegation.
Persons who are not members of the Council are
ible for appointment to committees.
Subject to the terms of any delegation by the
Council, every
ittee--
may exercise and perform the delegated powers and functions
the same effect as if it were the Council itself;
shall be presumed to be acting in accordance with the terms of
the
gation in the absence of proof to the contrary;
may regulate its own procedure.
isclosure of member's interest
member of the Council, or of any committee of the Council,
has a
ct or indirect commercial interest in any matter under discussion
at a
ing of the Council or of the committee, being an interest greater
than
which he has as a member of the general public, the
following
isions shall apply--
he shall disclose the nature of his interest at the meeting;
the disclosure shall be recorded in the minutes;
where the disclosure is made by the member presiding, he shall
vacate
chair during the discussion;
the member (including one who has vacated the chair under
paragraph
shall, if so required by the member presiding, withdraw
from the
ing during the discussion and shall not in any case,
except as
rwise determined by the member presiding, vote on any
resolution
erning the matter or be counted for the purpose of establishing
the
tence of a quorum.
Appointment of staff and advisers
Subject to subsection (4), the Council shall appoint a person to
hold
office of Chief Executive. (Amended 28 of 1985 s. 4)
The Council may appoint such other employees as it thinks
fit and
ect to subsection (4), determine all matters relating
to their
neratior and terms and conditions of appointment or employment.
The Council may engage the services of technical and
professional
sers in such manner and on such terms and conditions as it thinks
fit.
The Council shall obtain the prior approval of the Governor to--
any appointment proposed to be made under subsection (1) and the
terms
conditions thereof;
the suspension or dismissal of the Chief Executive;
the salary or salary scale (including allowances and other
pecuniary
fits) and conditions of employment applicable to the Chief
Executive
every other employee or class employee, and any variation
thereof.
nded 28 of 1985 s. 4)
No person shall be employed by the Council otherwise than on the
salar
alary scale or on the conditions of employment applicable to that
pers
oved by the Governor under subsection (4).
Documents of Council
The Council may make and execute all such documents as may
expedient
or conducive to the exercise and performance of its power
functions
duties.
The fixing of the seal of the Council to any document
l--
be authorized by resolution of the Council; and
be authenticated by the signatures of any 2 members
authorize by
lution of the Council, either generally or specially, to ao for
that
ose.
Any document purporting to be duly executed under the seal
of the
cil shall, unless the contrary is proved, be considered to be
duly
uted.
Any contract or instrument which if entered into or executed
by a
on not being a body corporate would not be required to be in the
form
deed may be entered into or executed on behalf of the Council by
any
on generally or specially authorized by the Council for that
purpose.
PART III FINANCIAL
Resources of Council
The Governor may, out of money appropriated for the purpose
by the
slative Council, authorize payment to the Consumer Council
of such
nts as he thinks fit.
The resources of the Council shall consist
all money received by the Council pursuant to subsection (1);
money paid to the Council by way of donations, fees,
subscriptions,
and interest;
all other money and property, including accumulations of
income,
ived by the Council for its purposes.
Borrowing powers
Council may, with the approval of the Financial Secretary,
borrow or
rwise raise money and charge all or any part of its
property as
rity therefor.
Investment of funds
money of the Council that is not immediately required
shall be
sted--
on fixed deposit in any bank or savings bank approved by the
ncial Secretary, either generally or in any particular case, for
the
ose; or
in such other forms of investment as the Financial
Secretary may
ove.
Estimates
Council shall in each financial year adopt estimates of
income and
nditure for the ensuing financial year and, before a date
to be
inted by the Financial Secretary, send them to the Governor for
his
oval together with a programme of its proposed activities
for the
ing financial year.
Accounts, audit and annual report
The Council shall keep proper accounts and proper records in
relation
eto and shall within 3 months after the expiry of a financial year,
or
further period as the Financial Secretary may allow,
prepare a
ement of the accounts of the Council, which statement shall
include an
me and expenditure account and a balance sheet.
The Council
l, subject to subsection (3), appoint an auditor, who
shall be
tled to have access at any time to all books of account, vouchers
and
r financial records of the Council and to require such information
and
anations relating thereto as he thinks fit.
The Council shall obtain the prior approval of the Financial
Secretary
ny appointment proposed to be made under subsection (2).
The auditor shall, as soon as is practicable, audit the
accounts
ired by subsection (1) and shall submit a report thereon
to the
cil.
The Council shall within 3 months after the receipt by it
of the
tor's report in respect of its accounts for a financial
year, or
in such further period as the Financial Secretary may allow,
furnish--
a report on the affairs of the Council for that year;
a copy of its accounts therefor; and
the auditor's report on the accounts, to the Governor who shall
cause
same to be tabled in the Legislative Council.
PART IV GENERAL
Council not servant or agent of Crown
Council is not a servant or agent of the Crown and does not enjoy
any
us, immunity or privilege of the Crown.
Governor may give directions
The Governor may, if he considers that the public
interest so
ires, give to the Council such directions as he thinks
fit with
ect to the exercise and performance by the Council of its
powers,
tions and duties under this Ordinance, either generally or
in any
icular case.
The Council shall comply with any direction given to
it under
ection (1).
Protection of members of Council and committees
No member or employee of the Council or of any committee
of the
cil shall be personally liable for any act done or default made--
by the Council; or
by any committee of the Council, acting in good faith in the course
of
operations of the Council or of the committee.
The protection hereby conferred on members and employees
of the
cil or of a committee in respect of any act or default shall not
in
way affect any liability of the Council for that act or default.
Prohibition of exploitation of the Council's name for
advertisement
oses
No person shall, with a view to promoting or disparaging any
s, services or immovable property or promoting the image
of any
on, publish or cause to be published any advertisement which
either
essly or by implication makes reference to--
the Council;
any committee, member, agent or employee of the Council;
the Council's publication or finding of tests or surveys
conducted by
n behalf of the Council; or
any other information published by the Council, without
written
ent of the Council.
Any person who contravenes subsection (1) commits an offence
and is
le to a fine of $ 100,000.
For the purpose of subsection (1) "advertisement" may be
constituted
ny words, whether written or spoken, or any picture, drawing,
visual
e, figure or article--
appearing in any publication; or
brought to the notice of the public or any section of the public
in
other way. (Replaced 5 of 1992 s. 5)
Transitional provisions
All property of whatever kind and whether movable or immovable
vested
r belonging to the Consumer Council existing at the
commencement of
Ordinance shall as from that date vest in or belong to that
Council
ts corporate capacity without any further assurance.
All obligations and liabilities of the said Consumer Council
are as
the commencement of this Ordinance the obligations and
liabilities of
Council in its corporate capacity.
Where anything has been commenced by or under the authority
of the
Consumer Council before the commencement of this Ordinance such
thing
be carried on any completed by the Council in its corporate
capacity.
Every person who immediately before the commencement of this
Ordinance
s an appointment as Chairman, Executive Director or a member of
the
Consumer Council is, as from such commencement but subject to
the
s of his appointment, the Chairman, Executive Director, or a
member of
Council, as the case may be, for the purposes of this Ordinance.
Notwithstanding the definition of "financial year" in section
2 the
od between the commencement of this Ordinance and 31 March 1978
shall
eemed to be a financial year.
No stamp duty shall be payable in respect of any transfer of
property
r this section.
SCHEDULE
Television Limited
a Light and Power Company, Limited
a Motor Bus Company, Limited
Cross-Harbour Tunnel Company, Limited
Marketing Organization
Kong Air Cargo Terminals Limited
Hong Kong and Yaumati Ferry Company Limited
不分页显示 总共2页 1 [2]
下一页
浅析我院诉前调解工作
作 者：郭丽英
2008年5月，我院在立案庭设立了诉前调解机制，开展庭前调解工作。负责调解的法官对案件事实清楚，法律关系明确的案件进行庭前调解，使一些简单的纠纷得到了迅速处理。七个月来，诉前调解结案37件，平均审限3.7天，取得了较好的法律效果和社会效果。
诉前调解缩短了办案时间，把矛盾解决在庭审之前，节省了当事人的时间和精力，节约了有限的司法资源，使法院能够把精力集中在解决一些社会矛盾突出的重大、复杂案件上。诉前调解有效的化解了一些矛盾，减少了上诉、上访案件的发生，促进了社会的和谐。
我院高度重视诉前调解工作，指派具有较丰富法律知识和调解能力的资深法官专职负责调解，设立了专门的调解办公室，配备了电脑等办公用具。在人、财、物等方面尽量给予支持。
我院诉前调解案件主要是法律关系明确，当事人争议不大的案件，包括①婚姻家庭纠纷和继承纠纷；②劳务合同纠纷；③交通事故和工伤事故引起的权利义务关系较为明确的损害赔偿纠纷；④宅基地和相邻关系纠纷；⑤合伙协议纠纷；⑥诉讼标的额较小的纠纷。
我院在实践中不断规范诉前调解的流程管理，最大限度的保护当事人的合法权益，促进调解工作的顺利进行。
首先，案件在立案阶段由立案人员负责提供调解案件。立案人员应仔细审查案件，判断案件的性质、复杂程度，是否有调解的可能。立案人员对法律关系基本清楚、事实争议不大、法律责任比较明确的一审民商事案件应该询问当事人是否愿意进行诉前调解，如果当事人愿意，则暂缓立案，纠纷优先进入诉前调解程序。由诉前调解法官通知当事人到法院立案庭进行调解，达成调解协议，则办理立案手续，向双方当事人送达调解书后即可结案。如调解过程中双方分歧较大，案件复杂，不能达成一致意见则案件及时立案、移送审判庭按照正常诉讼程序进行审理。
其次在调解过程中注重保护当事人合法权利。调解坚持自愿和合法的原则，只有在双方当事人一致同意的条件下才进行调解。法官在调解进行前明确告知当事人诉讼权利及义务；询问当事人是否申请回避。调解采用不开庭且不公开进行的方式，保护当事人的隐私。强调调解的协商一致原则；主持调解的法官不担任该案诉讼程序中的主审法官。限定调解的期限防止久调不审等等。
我院诉前调解工作取得的一些成就，但也存在许多问题：
一、诉前调解制度缺乏明确的法律规定，立案庭负责诉前调解违反了立、审分离的原则。我国现行法律对诉前调解制度没有明确规定，各地法院诉前调解案件的适用范围、原则、时限、程序等不一致。
二、诉前调解人员不足，缺乏相应激励机制，制约了诉前调解工作的发展。立案庭担负立案、收费、信访接待、法律咨询、流程管理等大量繁重而艰巨的工作任务，缺乏足够的人力与物力开展诉前调解工作。如我院立案庭共五人，却要负责立案、信访、司法鉴定、诉前调解四部分工作，人员实在紧张。
三、诉前调解制度降低了审判业务庭的调解率，影响了案件的审限期，增加了诉讼中调解的难度，导致法院内部矛盾加大，影响了调解法官工作的积极性。
四、诉前调解涉及民事商事案件涉及面较广，对法官素质要求较高；加之时间比较紧，调解法官在短时间内难以查清案件真相，导致诉前调解案件质量难以保证。
尽管诉前调解存在上述问题，但诉前调解在促进社会和谐，维护社会稳定方面仍然起着积极的作用。因此，应对诉前调解进行规范。
一、加快立法进程，确立诉前调解的法律地位。 要在有关的程序法中明确诉前调解案件的适用范围、原则、时限、程序等，明确诉前调解的独立性，使之成为独立的诉讼程序。各地方法院要统一认识，从和谐司法的高度认识诉前调解的作用并在实践中总结经验规范流程管理，不断完善诉前调解程序。
二、增加人员配备，理清诉前调解职能，提高法官素质。增加人员配备，设立专门的审前调解机构，与立案组织分离，以便调解法官能在短时间内正确运用法律及时高效的化解矛盾，调解纠纷。加大对诉前调解法官的业务素质培养，提升业务素质。使诉前调解法官能够始终与审判法官在业务素质、法律适用、政策掌握上保持一致性。
三、尊重当事人选择，坚持依法调解。在开展诉前调解时，调解法官应注意坚持依法调解的原则。法官要尊重当事人的选择权不得强制、违法调解。一旦双方当事人达不成调解协议的，立即移入审判庭处理，防止诉讼拖延。对当事人达成的调解协议进行严格审查，防止当事人利用调解恶意损害国家、集体和第三人的合法权益。
