| (Cap 349 section 22) [1 September 1991] (L.N. 203 of 1991) Cap 349A reg 1 Citation These regulations may be cited as the Hotel and Guesthouse Accommodation (Appeal Board) Regulations. (Enacted 1991) Cap 349A reg 2 Interpretation In these regulations- "appellant" (上诉人) means a person who lodges a notice of appeal under section 13 of the Ordinance. (Enacted 1991) Cap 349A reg 3 Notice of appeal Notice of appeal under section 13 of the Ordinance shall be- (a) in Form 1 in the Schedule ; and (b) lodged by the appellant with the Chairman. (Enacted 1991) Cap 349A reg 4 Appellant to serve copy of notice of appeal and statement of particulars When lodging a notice of appeal under section 13 of the Ordinance, the appellant shall at the same time serve a copy of such notice on the Authority and shall furnish to the Authority and the Chairman a statement specifying the grounds of the appeal and including such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to ensure that the Appeal Board and the Authority are fully an fairly informed of the grounds of the appeal. Cap 349A reg 5 Further particulars If any party to any appeal requires further particulars from the other party relating to the appeal, he may within 7 days after the service on the Authority of a copy of the notice of appeal under regulation 4 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on the other party specifying the further particulars required, and the other party shall within 7 days after notice is served under this regulation or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars to the other party and lodge a copy of such particulars with the Chairman. (Enacted 1991) Cap 349A reg 6 Inspection of documents (1) Any party to any appeal may at any time serve notice on the other party to produce, within 7 days after the notice is served, any document relating to the appeal for the inspection of the party serving the notice and to permit him to take copies thereof. (2) Any party who fails to comply with a notice under subregulation (1) shall not afterwards be allowed to put any such document in evidence unless he satisfies the Appeal Board that he had a reason for his failure to comply which the Appeal Board deems sufficient. (Enacted 1991) Cap 349A reg 7 Date, time and place of hearing Where notice of appeal is lodged, the Chairman shall fix the date, time and place of the hearing of appeal so as to enable the hearing to commence as soon as is reasonable and shall, not less than 28 days before the date so fixed, serve on the appellant and on the Authority notice of the date , time and place in Form 2 in the Schedule. (Enacted 1991) Cap 349A reg 8 Summons to witness Upon application by any party to any appeal in Form 3 in the Schedule, the Chairman may issue a witness summons in Form 4 in the Schedule to any person named in the application requiring him to appear before the Appeal Board to produce any document relating to the appeal and to give evidence. (Enacted 1991) Cap 349A reg 9 Appeal to be conducted in public The hearing of the appeal shall be conducted in public unless the Chairman of his own motion, or at the request of the appellant or the Authority, orders that all or any persons should be excluded from the whole or any part of the hearing. (Enacted 1991) Cap 349A reg 10 Representation At the hearing of the appeal- (a) the appellant may be represented by a barrister or solicitor; and (b) the Authority may be represented by a barrister , solicitor or legal officer. (Enacted 1991) Cap 349A reg 11 Abandonment of appeal (1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman. (2) When lodged a notice under subregulation (1), the appellant shall at the same time serve a copy of such notice on the Authority. (Enacted 1991) Cap 349A reg 12 Failure of appellant to attend hearing (1) If on the day and time fixed for the hearing of the appeal the appellant fails to attend the hearing either in person or by a barrister or solicitor, the Appeal Board may- (a) if satisfied that the appellant's failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit; (b) proceed to hear the appeal; or (c) dismiss the appeal.(2) Where the appeal is dismissed by the Appeal Board under subregulation (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Appeal Board to review its order and the Appeal Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal. (3) When lodging a notice under subregulation (2), the appellant shall at the same time serve a copy of such notice on the Authority. |
