| (Cap 493 section 40) [1 December 1997] (L.N. 567 of 1997) (L.N.264 of 1997) Cap 493A s 1 (Omitted as spent) (Omitted as spent) Cap 493A s 2 Interpretation In these Rules, unless the context otherwise requires- "appeal" (上诉) means an appeal to the Appeal Board under the Ordinance; "appellant" (上诉人) means an operator of a course of education by whom an appeal is made; "notice of appeal" (上诉通知书) means a notice of appeal in the form specified by the Registrar for the purposes of section 25 of the Ordinance. Cap 493A s 3 Notice of appeal (1) An appeal shall be made by serving the notice of appeal on the Chairman. (2) A copy of the notice of appeal served on the Chairman under subsection (1) shall be served on the Registrar on the same day the notice of appeal is served on the Chairman. (3) Where the Appeal Board is satisfied that the Registrar has in respect of any appeal not been served in accordance with subsection (2) a copy of the notice of appeal served on the Chairman under subsection (1), the Appeal Board may dismiss the appeal. Cap 493A s 4 Statement of particulars to be furnished (1) Each of- (a) the notice of appeal to be served on the Chairman under section 3(1); and (b) the copy of the notice of appeal to be served on the Registrar under section 3(2),shall be accompanied by a statement specifying the grounds of the appeal and containing such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to enable the Appeal Board and the Registrar to be fully and fairly informed of the grounds of the appeal. (2) Where the Appeal Board is satisfied that subsection (1) is not complied with in relation to the notice of appeal or the copy of the notice of appeal served in respect of an appeal, the Appeal Board may dismiss the appeal. Cap 493A s 5 Further particulars and inspection of documents (1) Any party to an appeal may- (a) require the other party to furnish to him any further particulars reasonably related to the appeal, by- (i) giving the other party a notice specifying the further particulars so required; and (ii) giving the Chairman a copy of the notice given under subparagraph (i), within 14 days from the date on which the appeal is made, or within such longer period as the Chairman may, on application, allow;(b) require the other party to produce any document reasonably related to the appeal for inspection and copying by him, by- (i) giving the other party a notice specifying the document so required; and (ii) giving the Chairman a copy of the notice given under subparagraph (i), within 14 days from the date on which the appeal is made, or within such longer period as the Chairman may, on application, allow.(2) Where any party to an appeal has in accordance with subsection (1) required the other party to furnish any particulars or to produce any document, that other party shall- (a) in the case of subsection (1)(a)- (i) furnish to the party by whom the notice is given the further particulars specified in the notice; and (ii) furnish to the Chairman a copy of the further particulars furnished under subparagraph (i), within 14 days from the date on which the notice is given, or within such longer period as the Chairman may, on application, allow;(b) in the case of subsection (1)(b), produce to the party by whom the notice is given the document specified in the notice for inspection and copying by that party, within 14 days from the date on which the notice is given, or within such longer period as the Chairman may, on application, allow.(3) Where the Appeal Board is satisfied that an appellant has failed to comply with subsection (2), the Appeal Board may dismiss the appeal. Cap 493A s 6 Date, time and place of hearing (1) Where an appeal is made, the Chairman shall fix the date, time and place for the hearing of the appeal. (2) The Chairman shall, not less than 28 days before the date fixed under subsection (1) for the hearing of an appeal, give the parties to the appeal notice in writing of the date, time and place fixed under that subsection. Cap 493A s 7 Appeal to be conducted in public The hearing of an appeal shall be conducted in public, unless the Chairman or the Deputy Chairman who presides at the hearing, whether of his own motion or at the request of any of the parties to the appeal, orders that all or any person should be excluded from the whole or any part of the hearing. Cap 493A s 8 Abandonment of appeal An appellant may abandon the whole or any part of the appeal, by- (a) giving the Chairman a notice in writing thereof; and (b) giving the Registrar a copy of the notice given under paragraph (a). Cap 493A s 9 Failure of appellant to attend hearing (1) If on the date and at the time fixed under section 6 for the hearing of an appeal, the appellant, or a representative authorized by him pursuant to section 30(4) of the Ordinance fails to attend the hearing, the Appeal Board may by order- |
