1987 Ed.]
Air Pollution Control
[CAP. 311
21
(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 33(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 34(1) "qualified in law" means qualified for appointment as a District Judge under section 5 of the District Court Ordinance.
33. (1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 32(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, requirement or specification appealed from.
(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, information 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 that may reasonably be required.
(6) Where an Appeal Board allows an appeal under section 31(1)(a) or (b), it may make an award of-
(a) costs in the case of an appeal under section 31(1)(a), and
(b) costs and compensation in the case of an appeal under section 31(1)(b),
of such sum, if any, as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of the appellant and his servants and agents, and of the public officers and any other persons concerned.
(7) The Appeal Board shall have the powers which are vested in the High Court in the exercise of its powers under subsection (5)(a) or (c).
(Cap. 336.)
Exercise of
Appeal Board's jurisdiction.