| (Cap 138 section 30) [1 January 1981] (L.N. 372 of 1980) Cap 138D reg 1 Citation These regulations may be cited as the Pharmacy and Poisons (Pharmacy and Poisons Appeal Tribunal) Regulations. Cap 138D reg 2 Interpretation In these regulations, unless the context otherwise requires- "appeal" (上诉) means an appeal to the Tribunal under section 30 of the Ordinance; "chairman" (主席) means the member of the Tribunal appointed under section 30(2)(a)(i), or for the time being designated to act as chairman under section 30(6), of the Ordinance; "Director" (署长) means the Director of Health or his authorized representative; (L.N. 76 of 1989) "parties" (双方当事人), in relation to an appeal, means the appellant and the Director; "Tribunal" (审裁处) means the Pharmacy and Poisons Appeal Tribunal established by section 30 of the Ordinance. Cap 138D reg 3 Notice of appeal (1) Any person who appeals to the Tribunal shall give notice of the appeal in writing under paragraph (2), stating the grounds of the appeal and any related matters on which the appellant intends to rely in support of the appeal, and he shall at the same time send a copy of such notice to the Director. (2) Notice of an appeal shall be given not later than 28 days after the date of the decision appealed against and shall be delivered to the chairman at the following address- "The Chairman, Pharmacy and Poisons Appeal Tribunal, Boards and Councils Branch Office, Department of Health, Hong Kong.". (L.N. 76 of 1989) Cap 138D reg 4 Fee There shall be payable in respect of each appeal a fee of $835. (L.N. 667 of 1994) Cap 138D reg 5 Sittings of Tribunal (1) For the purpose of hearing an appeal, the Tribunal shall sit on such day and at such place and time as the chairman shall appoint. (2) The chairman shall give not less than 14 days' notice in writing to the parties of the date, place and time of the hearing of the appeal. Cap 138D reg 6 Hearing to be open The place where the Tribunal sits shall be open to the public and, so far as circumstances permit, any person wishing to hear the proceedings therein shall be admitted to that place: Provided that the chairman of the Tribunal may prevent the entry or order the removal of any person whose conduct or presence is such as to interrupt or disturb the proceedings. Cap 138D reg 7 Appearance of parties at appeal (1) The parties may appear before the Tribunal and be heard in person or by counsel (whether a barrister or a solicitor) or by any other person who is allowed by leave of the chairman to appear on behalf of any of the parties. (2) If at the time fixed for the hearing of an appeal the appellant fails to appear, the Tribunal may adjourn the hearing of the appeal to a later date or dismiss the appeal. Cap 138D reg 8 Procedure at hearing At the hearing of an appeal, the appellant shall present his case to the Tribunal first and the Director may follow thereafter, and either party may make such submissions in respect of the appeal as he may deem necessary or desirable. Cap 138D reg 9 Evidence (1) The parties may call witnesses to give evidence at the hearing of the appeal and the Tribunal may hear such evidence on oath, and for that purpose the chairman shall have full power and authority to administer oaths. (2) Evidence given orally at the hearing of an appeal shall be recorded in such manner as the chairman may determine. (3) If the parties consent, the chairman may accept evidence by affidavit, but in such event the chairman may direct that the person whose evidence is given by such affidavit shall attend for examination by the Tribunal or the parties on any matter referred to in the affidavit. Cap 138D reg 10 Examination of witnesses Any person who gives evidence before the Tribunal on the hearing of an appeal may be cross-examined. Cap 138D reg 11 Adjournment The chairman may at any stage of the hearing of an appeal adjourn the hearing to a later time or date. Cap 138D reg 12 View of premises etc. The Tribunal may, if the chairman is satisfied that it is desirable for the purposes of an appeal to do so, visit any premises or place in order to determine any question arising on the hearing of the appeal relating to the character, location, dimensions, suitability or other relevant aspect of such premises or place. Cap 138D reg 13 Decision (1) The decision of the Tribunal on an appeal shall be given in writing as a single decision together with a brief statement of the reasons therefor, and shall be signed by the chairman. (2) In the event of a difference between the members of the Tribunal in deciding the appeal, the decision of the Tribunal shall be that of the majority of the members; but if the members are equally divided, the appeal shall be dismissed. (3) In respect of every appeal, the decision of the Tribunal shall be notified to the parties and the appellant shall, upon application to the chairman, be furnished with a copy thereof. |
