NOISE CONTROL
Ord. No. 75/88
A503
(4) Where an appeal is made under this section the notice to which the appeal relates shall be suspended in its operation as from the day on which the notice of appeal is lodged until the time that the appeal is disposed of, withdrawn or abandoned unless suspension in the operation of the notice to which the appeal relates would, in the opinion of the Authority, be contrary to the public interest and the notice to which the appeal relates contains a statement to that effect.
20. (1) Every appeal under this Part shall be determined by the Appeal Board Appeal Board constituted under section 21.
(2) The Governor shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance.
(3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be re-appointed.
(4) The Governor shall appoint a panel of persons whom he considers suitable for appointment under section 21 as members of the Appeal Board to hear any appeal under this Part.
(5) An appointment under subsection (2) or (4) shall be notified in the Gazette.
(6) The Chairman and any person appointed under subsection (4) may at any time resign by notice in writing to the Governor.
21. (1) The Appeal Board shall consist of the Chairman and such number of persons from the panel referred to in section 20(4) as the Chairman may, subject to subsection (4), appoint to be members thereof to hear any appeal under this Part.
(2) In hearing an appeal under this Part the Appeal Board may, in relation to such appeal, give directions to the Authority with respect to the exercise by the Authority of such of the functions of the Authority under this Ordinance as are relevant to the appeal and the Authority shall comply with any such direction.
(3) In relation to the hearing of appeals under this Part every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the Chairman; in the case of an equality of votes the Chairman shall have a casting vote.
(4) The Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) The contents of any Technical Memorandum issued under section 9(1) or 10(1) shall not be called into question in any appeal under this Part. (6) In hearing an appeal under this Part the Appeal Board may-
(a) receive evidence on oath;
(b) admit or take into account any statement, document, information or matter whether or not it would be admissible in a court of law; (c) by notice in writing summon any person to appear before it to
produce any document or to give evidence;
(Cap. 336)
Constitution of Appeal Board