B4
CAP. 400] Noise Control (Appeal Board) Regulations
[1989 Ed.
[Subsidiary]
that all or any persons should be excluded from the whole or any part of the hearing.
11. Representation
At the hearing of the appeal-
(a) the appellant may be represented by a barrister or solicitor; and (b) the Authority may be represented by a barrister or solicitor,
including a barrister or solicitor who is a legal officer.
12. Abandonment of appeal
(1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman.
(2) When lodging a notice under subregulation (1), the appellant shall at the same time serve a copy of such notice on the Authority.
13. Failure of appellant to attend hearing
(1) If on the day and time fixed for the hearing of the appeal the appellant fails to attend the hearing either in person or by a barrister or solicitor, the Appeal Board may-
(a) if satisfied that the appellant's failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) dismiss the appeal.
(2) Where the appeal is dismissed by the Appeal Board under sub-regulation (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Appeal Board to review its order and the Appeal Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal.
(3) When lodging a notice under subregulation (2), the appellant shall at the same time serve a copy of such notice on the Authority.
(4) Where the Appeal Board sets aside an order for dismissal under subregulation (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date so fixed, serve on the appellant and on the Authority notice of the date, time and place in Form 3 in the Schedule.
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