| (Cap 132, section 125G) [15 March 2000] L.N. 57 of 2000 (L.N. 43 of 2000) Cap 132CI s 1 (Omited as spent) (Omited as spent) Cap 132CI s 2 Interpretation In these Rules, unless the context otherwise requires- "appellant" (上诉人) means a person whose notice of appeal is accepted under section 3; "Board" (委员会), in relation to an appeal, means the Licensing Appeals Board as constituted to hear that appeal under section 125C of the Ordinance; "Chairman" (主席) means the person appointed as Chairman of the Licensing Appeals Board under section 125A(2)(a) of the Ordinance; "licensing authority" (发牌当局) means the licensing authority who has made the decision appealed against; "notice of appeal" (上诉通知书) means the notice of appeal referred to in section 3(1); "secretary" (秘书) means the person appointed as secretary to the Licensing Appeals Board under section 125I(1)(a) of the Ordinance; "Vice-Chairman" (副主席) means the person appointed as Vice-Chairman of the Licensing Appeals Board under section 125A(2)(b) of the Ordinance. Cap 132CI s 3 How appeal is to be commenced (1) A person exercising a right of appeal under section 125(9) of the Ordinance shall commence the appeal by lodging with the secretary a notice of appeal in Form 1 in the Schedule setting out the grounds of appeal and shall attach to the notice of appeal copies of all documents, if any, on which he intends to rely in support of his appeal. (2) If a notice of appeal is lodged by a person who has no right of appeal, the secretary shall refer the notice to the Chairman and, if the Chairman directs that the notice is not to be accepted, inform the person accordingly. Cap 132CI s 4 Service of notice of appeal The secretary shall, as soon as practicable after a notice of appeal is accepted under section 3, serve a copy of it and copies of any documents attached to it on the licensing authority. Cap 132CI s 5 Licensing authority to lodge statement and relevant documents The licensing authority shall, within 28 days after receiving a copy of the notice of appeal served under section 4 or such longer time as may be allowed by the Chairman, lodge with the secretary and serve on the appellant- (a) a statement that- (i) sets out its findings on material questions of fact; (ii) refers to the evidence or other material on which those findings were based; (iii) identifies all persons who made representations to the licensing authority regarding the matter in respect of which the decision appealed against was made; (iv) gives the reasons for that decision; and (v) states the policy, if any, based on which the licensing authority made that decision;(b) a copy of any other document which is in the possession or under the control of the licensing authority and is considered by that authority to be relevant to the appeal. Cap 132CI s 6 Further document or material (a) The Chairman, before the Board is constituted to hear the appeal; or (b) The Board, after it is constituted to hear the appeal,may by notice in writing direct the appellant or the licensing authority to furnish to the Chairman or the Board, as the case may be, any document or material in the possession or under the control of that appellant or that licensing authority which is considered by the Chairman or the Board, as the case may be, to be relevant to the appeal. Cap 132CI s 7 Date, time and place of hearing (1) The secretary shall fix the date, time and place for hearing an appeal in consultation with the Chairman, or if the Vice-Chairman is to preside at the hearing, in consultation with the Vice-Chairman. (2) The secretary shall serve on the appellant and the licensing authority a notice of date, time and place for hearing in Form 2 in the Schedule at least 14 days before the date fixed for the hearing. Cap 132CI s 8 Making representations at hearing The Board may- (a) upon the written request of either party to an appeal, invite any person who may be affected by the decision of the Board; or (b) on its own motion, invite any person identified under section 5(a)(iii),by serving on that person a notice in writing, to make representations at the hearing of the appeal. Cap 132CI s 9 Appearance before Board The parties to an appeal may be present at the hearing of the appeal and make submission either in person or by an authorized representative. Cap 132CI s 10 Hearing to be in public except in special circumstances (1) Subject to subsection (2), the hearing of an appeal shall be in public. (2) Where the Board after consulting the parties to the appeal is satisfied that it is desirable to do so, it may by order direct that the whole or part of the hearing shall take place in private and give directions as to the persons who may be present. Cap 132CI s 11 Language (1) The hearing of an appeal may be conducted in Chinese or English or both as the Board thinks fit. (2) Notwithstanding subsection (1)- (a) a party to an appeal or his authorized representative may address the Board in any language; |
