18
CAP. 400]
Noise Control
[1988 Ed.
(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;
(d) confirm, reverse or vary the decision or requirement appealed against; and
(e) make an award of such sum, if any, in respect of the costs involved in the appeal as is just and equitable in all the circumstances of the case.
(7) The Appeal Board shall have the powers which are vested in the High Court in the exercise of its powers under subsection (6).
(8) If any person-
(a) on being duly summoned as a witness before the Appeal Board makes default in attending; or
(b) being in attendance as a witness refuses to take an oath legally required by the Appeal Board to be taken, or to produce any document in his power or control legally required by the Appeal Board to be produced by him, or to answer any question to which the Appeal Board may legally require an answer; or
(c) does any other thing which would, if the Appeal Board had been a court of law having power to commit for contempt, have been contempt of that court,
the Chairman may certify the contempt of that person under his hand to the High Court and the High Court may thereupon inquire into the alleged contempt and after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the court.
(9) A witness before the Appeal Board shall be entitled to the same immunities and privileges as if he were a witness in civil proceedings before the High Court.
(10) Any sum awarded under subsection (6)(e) shall be enforceable as a civil debt and any sum payable by the Authority under such an award shall be charged on the general revenue.
(11) The Chairman may determine any form or matter of practice or procedure for which no provision is made in this Ordinance.
Supplementary provisions ·
22. (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Governor may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment.