| (Cap 447 section 35) [9 February 1995] (L.N. 2 of 1995) Cap 447A s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 447A s 2 Interpretation In this Regulation- "appellant" (上诉人) means a person who lodges a notice of appeal under section 26 of the Ordinance. (Enacted 1995) Cap 447A s 3 Notice of appeal Notice of appeal under section 26 of the Ordinance shall be- (a) in Form 1 in the Schedule; and (b) served by the appellant on the Chairman and on the Authority. (Enacted 1995) Cap 447A s 4 Further particulars If either party to an 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 section 3 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 that party shall within 7 days after notice is served under this section or such longer period as the Chairman, on application, may allow in any particular case, provide the particulars to the other party and serve a copy of them on the Chairman. (Enacted 1995) Cap 447A s 5 Inspection of documents (1) Either party to an 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 of it. (2) A party who fails to comply with a notice under subsection (1) may not afterwards put in evidence a document the subject of the notice unless he satisfies the Appeal Board that he had sufficient reason for his failure to comply. (Enacted 1995) Cap 447A s 6 Date, time and place of hearing After the notice of appeal has been served, the Chairman shall fix the date, time and place of the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date fixed, serve on the appellant and on the Authority notice of the date, time and place in Form 2 in the Schedule. (Enacted 1995) Cap 447A s 7 Summons to witness Upon application in Form 3 in the Schedule by either party to an appeal, 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 1995) Cap 447A s 8 Appeal to be conducted in public The hearing of an appeal shall be conducted in public unless the Chairman of his own motion, or at the request of either party, orders that all or any persons should be excluded from the whole or any part of the hearing. (Enacted 1995) Cap 447A s 9 Representation At the hearing of an 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 1995) Cap 447A s 10 Abandonment of appeal (1) The appellant may abandon the whole or any part of an appeal by notice in writing to the Chairman, with a copy to the Authority. (2) When giving a notice under subsection (1), the appellant shall serve a copy of the notice on the Authority. (Enacted 1995) Cap 447A s 11 Failure of appellant to attend hearing (1) If on the day and time fixed for the hearing of an 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) If an appeal is dismissed by the Appeal Board under subsection (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing to the Chairman with a copy to the Authority, 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 other reasonable cause, set aside the order for dismissal. (3) If the Appeal Board sets aside an order for dismissal under subsection (2), the Chairman shall fix the date, time and place for a fresh hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date fixed, serve on the appellant and on the Authority notice of the date, time and place in Form 2 in the Schedule. (Enacted 1995) Cap 447A s 12 Failure of appellant to serve notice of appeal on the Authority or to provide particulars If an Appeal Board is satisfied that the appellant has failed- (a) to serve a copy of the notice of appeal on the Authority under section 3; or (b) to provide further particulars to the Authority under section 4,the Appeal Board may dismiss the appeal. (Enacted 1995) |
