A192
Ord. No. 41/80
WATER POLLUTION CONTROL
(a) section 13(1) (requiring a convicted person to restore waters); (b) section 16(2)(b) (declaring an exemption to be inoperative); (c) section 17(3)(a)(i) (imposing terms and conditions subject to
which an exemption may continue in force);
(d) section 17(3)(a)(iii) or 17(3)(b) (cancelling an exemption);
(e) section 17(3)(c) (amending or adding to a notice or substituting
a new notice);
(f) section 18(4) (refusing to vary an exemption);
(g) section 20(1) (refusing to grant a licence);
(h) section 20(4) (fixing terms and conditions of a licence);
(i) section 20(5) (fixing the period for non-cancellation of a licence
without compensation);
(j) section 23(4) (refusing to renew a licence);
(k) section 24(3)(a)(i) (imposing new or amended terms or conditions
for continuance of a licence);
(1) sections 24(3)(a)(iii) and 24(3)(b) (cancelling a licence);
(m) section 24(3)(c) (amending or adding to a notice or substituting
a new notice);
(n) section 28(4) (refusing to vary a licence);
(o) section 35 (requiring information to be furnished);
(p) section 43 (refusing to withhold information from the register).
(2) No appeal shall lie under this section where the requirement of the Authority is made with the prior approval of the Governor in Council under section 17(2) or 24(2).
(3) An appeal under subsection (1) shall be made by lodging a notice of appeal in the prescribed manner and form within 21 days after the person aggrieved has received notice of the decision or requirement.
(4) Where the decision or requirement appealed from was made under a provision mentioned in paragraphs (a) to (e), (i) to (m) or (0) of subsection (1) the notice thereof shall be suspended and cease to have effect as from the day on which notice of appeal is duly given to the Authority and until the appeal is disposed of, withdrawn or abandoned, unless-
(a) the decision or requirement is considered by the Authority to
be necessary because-
(i) in any case, the quality of the part of the waters of Hong Kong to which the decision or requirement relates may constitute a danger to the health of the public or a section of the public; or
(ii) in the case of a licence for the purposes of section 9, the discharge or deposit to which the decision or requirement relates may be harmful to the drainage or sewerage system, or any part thereof, or to the health or safety of any person engaged in the operation thereof; and
(b) the notice contains a statement to that effect.
(5) Where the appeal is from a decision of the Secretary under section 43, he shall not enter in the register the information to which the appeal relates until the appeal is disposed of, withdrawn or abandoned.
WATER POLLUTION CONTROL
Ord. No. 41/80
A193
30. (1) Every appeal under section 29 shall be determined by an Constitution Appeal Board constituted under this Part.
(2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law.
(3) Subject to section 32(3), the Chairman shall be appointed for a term of 2 years but may be reappointed.
(4) The Governor shall also appoint a panel of persons whom he 'considers to be suitable for appointment as members of an Appeal Board pursuant to section 31(1).
(5) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette.
(6) In subsection (2) and in section 32(1) “qualified in law" means qualified for appointment as a District Judge under section 5 of the District Court Ordinance.
of Appeal
Board.
(Cap. 336.)
31. (1) The jurisdiction of an Appeal Board on any appeal or Exercise of group of appeals shall be exercised by the Chairman and such number Appeal Board's
jurisdiction. of persons from the panel referred to in section 30(4) as the Chairman may appoint for that appeal or group of appeals.
(2) On any appeal an Appeal Board may confirm, reverse or vary the decision or requirement of the Authority or the Secretary.
(3) Every question before an Appeal Board shall be determined by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chairman; in the event of an equality of votes the Chairman shall have a casting vote.
(4) An Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) An Appeal Board may-
(a) receive evidence on oath;
(b) admit or take into account any statement, document, informa- tion or matter whether or not it would be admissible as evidence in a court of law; and
(c) by notice in writing summon any person to appear before it
to produce any document or to give evidence.
(6) The Chairman may determine any form or matter of practice
'or procedure in so far as no provision is made therefor in this Ordinance.
32. (1) If the Chairman of Appeal Boards is precluded by illness, Supplementary absence from Hong Kong or any other cause from exercising his functions provisions as
to Appeal
Board. the Governor may appoint any other person qualified in law to act as Chairman and as such to exercise and perform all of the powers, functions and duties of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 31(1) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chair- man may appoint any other person from the panel provided for in section 30(4) to act in his place.
(3) The Chairman of Appeal Boards may at any time resign his office by notice in writing to the Governor.