CONFIDENTIAL
010260
MDLIAN 743
4. THE ARRANGEMENT FOR THE PROPOSED ADMINISTRATIVE APPEALS BOARD WILL GENERALLY FOLLOW THAT FOR THE TWO EXISTING MUNICIPAL SERVICES APPEALS BOARDS. THE BOARD WILL HAVE A CHAIRMAN AND AN ALTERNATE CHAIRMAN BOTH OF WHOM WILL BE LEGALLY QUALIFIED. OUR INTENTION IS TO APPOINT A JUDGE AS THE CHAIRMAN. A PANEL OF MEMBERS WILL BE APPOINTED BY THE GOVERNOR BASED ON THEIR RECORD IN COMMUNITY SERVICE AND SUITABILITY IN EXERCISING BALANCED JUDGEMENT. AS MENTIONED IN OUR TELNO 32, LEGCO MEMBERS WILL NOT BE CONSIDERED FOR APPOINTMENT.
5. AS WITH THE MUNICIPAL SERVICES APPEALS BOARDS, THE PROPOSED ADMINISTRATIVE APPEALS BOARD WILL EXERCISE ALL THE POWERS AND DISCRETIONS CONFERRED ON THE ORIGINAL DECISION MAKER WHOSE DECISION IS APPEALED, AND MAY AFFIRM, VARY OR SET ASIDE THE ORIGINAL DECISION. THE DECISION OF THE BOARD WILL BE FINAL EXCEPT ON QUESTIONS OF LAW WHICH WILL BE APPEALABLE TO THE COURTS. EACH HEARING WILL CONSIST OF THE CHAIRMAN OR THE ALTERNATE CHAIRMAN AND TWO MEMBERS SELECTED FROM THE PANEL. THE HEARINGS WILL NORMALLY BE CONDUCTED IN PUBLIC.
ALTERNATIVE OPTION
6. WE HAVE IN FACT CONSIDERED THE ALTERNATIVE OPTION OF SETTING UP DIFFERENT APPEALS BOARDS UNDER DIFFERENT NAMES FOR THE PURPOSE OF DIFFERENT ORDINANCES. A SINGLE CENTRALISED ADMINISTRATIVE APPEALS BOARD, HOWEVER, IS PREFERRED. OPERATIONALLY AND ADMINISTRATIVELY, IT IS NEATER TO HAVE A SINGLE BOARD RATHER THAN A PLETHORA OF 20-30 SEPARATE SMALL BOARDS EACH MEETING ONCE OR TWICE A YEAR. AN ADDITIONAL ADVANTAGE IS THAT A SINGLE BOARD CAN EASILY TAKE ON OTHER NEW APPEALS WHEN THE NEED ARISES, THUS AVOIDING THE NEED TO SET UP A SEPARATE NEW BOARD EACH TIME A NEW APPEAL PROVISION IS INTRODUCED. WE ALSO BELIEVE THAT THE APPEALS PROPOSED TO BE TRANSFERRED FROM EXCO (SEE LIST BEING FAXED TO YOU) ARE OF SUCH A MINOR NATURE THAT FROM A CHINA ANGLE IT SHOULD NOT CREATE PROBLEMS EVEN IF THEY ARE DEALT WITH BY ONE SINGLE BOARD.
7. WE AGREE THAT IT MIGHT HAVE HELPED CHINESE PERCEPTION IF THE PROPOSED ADMINISTRATIVE APPEALS BOARD COULD HAVE BEEN PRESENTED AS A SUB-COMMITTEE OF EXCO, BUT AS CONSTITUTED UNDER OUR PROPOSAL, IT CANNOT BE PRESENTED TO THE CHINESE AS SUCH. NEITHER COULD THE ALTERNATIVE OF SEPARATE APPEAL BOARDS FOR DIFFERENT ORDINANCES. INSTEAD WE SUGGEST THAT THE CHINESE SHOULD BE TOLD THAT THE PROPOSAL IS AN EXTENSION OF THE CONCEPT OF THE TWO
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