| (Cap 123 section 38(1B)) [16 November 1994] (L.N. 532 of 1994) Cap 123L s 1 (Omitted as spent) (Omitted as spent) (Enacted 1994) Cap 123L s 2 Interpretation In this Regulation, unless the context otherwise requires- "appellant" (上诉人) means a person who has given notice of appeal; "Chairman" (主席) means the chairman of the Tribunal appointed under section 48(1) of the Ordinance; "extended period" (经延展的期限) means, in relation to a particular case, a period allowed under section 13; "hearing" (聆讯) means the hearing of an appeal and includes a preliminary hearing; "notice of appeal" (上诉通知) means a notice of appeal referred to in section 3; "preliminary hearing" (初步聆讯) means a hearing held under section 49 of the Ordinance; "Secretary" (秘书) means the Secretary to the Appeal Tribunal appointed under section 46 of the Ordinance; "Tribunal" (审裁小组) means, in relation to a particular appeal, the tribunal appointed under section 48(1) of the Ordinance to hear and determine that appeal. (Enacted 1994) Cap 123L s 3 Notice of appeal (1) A notice of appeal for the purposes of section 47 of the Ordinance shall be in writing and served on the Secretary. (2) A notice of appeal may be served on the Secretary by sending it to him by registered or ordinary mail addressed to him at his office or facsimile transmission or serving it personally on him. (3) The appellant shall serve a copy of the notice of appeal on the Building Authority within the period specified in section 47 of the Ordinance for giving notice of appeal. (Enacted 1994) Cap 123L s 4 Statement of particulars (1) The appellant shall, within 28 days beginning on the date notice of appeal is given or, where appropriate, within the extended period, furnish to the Secretary a statement containing- (a) the particulars of the decision to which the appeal relates; (b) the grounds of appeal if they have not been specified in the notice of appeal; (c) a detailed description of the matter to which the appeal relates; (d) a description of each document the appellant intends to produce at the hearing; (e) where relevant, the address and description of any property or land to which the appeal relates and a statement of the interest of the appellant in that property or land; and (f) the particulars of the witnesses the appellant intends to call on his behalf at the hearing.(2) The appellant shall serve a copy of the statement referred to in subsection (1) on the Building Authority within the period or extended period, as may be appropriate, referred to in that subsection. (Enacted 1994) Cap 123L s 5 Representations and documents as regards need for a preliminary hearing The Building Authority shall- (a) within 28 days beginning on the date of receiving a copy of a statement under section 4(2) or, where appropriate, within the extended period, furnish to the Secretary representations in writing and documents (if any) in his possession or custody, which he considers would assist the Tribunal to determine or otherwise dispose of the appeal; and (b) within the period referred to in paragraph (a) or the extended period, as may be appropriate, serve a copy of the representations and a copy each of any document furnished under that paragraph, on the appellant. (Enacted 1994) Cap 123L s 6 Request for further particulars (1) A party to an appeal may, by serving a notice- (a) request the other party to furnish further particulars on any matter relevant to the appeal; and (b) request the other party to make available to him for inspection any document which he considers relevant to the appeal and which is in the custody, control or possession of that party or to furnish a copy of any such document.(2) A request under subsection (1) may only be made- (a) by the Building Authority, within 14 days beginning on the date a copy of the statement is served on him under section 4(2); and (b) by the appellant, within 14 days beginning on the date a copy of the representations is served on him under section 5(b),or, where appropriate, within the extended period. (3) A party of whom a request is made under this section shall, within 14 days beginning on the date the relevant notice is served or within the extended period, as may be appropriate, comply with such request unless the Tribunal is satisfied that the request was unreasonable or that reasonable grounds exist for not complying with it. (4) A party who furnishes any particulars or a copy of a document under subsection (3) shall, within the period referred to in that subsection or within the extended period, as may be appropriate, furnish a copy of the particulars or a copy of such document or, where appropriate, both, to the Secretary. (Enacted 1994) Cap 123L s 7 Notification of hearing Not less than 21 days before the date fixed for a hearing the Secretary shall notify each party, in writing, of the date and time fixed for the hearing and the place at which it will take place. |
