question so. 9~~
No
Page
an alternative body, it is
it is likely that that body
would be concerned with only some of the decisions
under the Banking Ordinance.
appellant
If
an i
body were
established it would normally be empowered to hear
an appeal de novo; in other words, it would be empowered
to take fresh evidence, and it would take decisions
open to the administrator whose decision is under
an appeal. Therefore, Sir, the tribunal could,
in theory, reverse a decision based on the general
policy of the administration of the Government and
that policy would be a policy which had been
accepted
by
institutions
generally.
It
was
felt,
It
Sir, when we studied this matter, that
it would be undesirable if the whole policy had
to be reversed in an appeal before a new tribunal.
It is unlikely, Sir, that such a tribunal would
possess the full background to the policy on which
the original policy decision had been made.
might also not be in a position to perceive all
the wider implications of its decision..
study, Sir, it was considered that the best thing
to do would be to leave these appeals with the
Governor in Council as the principle policy-making
body.
So, after
I accept, Sir, that some appeals under the Banking