28
CAP. 116]
[1987 Ed.
Fixing date for hearing.
Hearing of appeal.
(Cap. 17.)
Consent order.
(a) serve a copy of the notice of appeal on the Commissioner,
who shall be the respondent in the appeal; and
(b) where the appeal is in respect of a tenement neither owned nor occupied by the appellant, serve copies of the notice of appeal on the owner and the occupier of the tenement, both of whom may be heard on the hearing of the appeal.
43. (1) The appellant shall, within 28 days after lodging notice of appeal under section 42(1), apply in writing to the registrar of the Lands Tribunal to have a date fixed for the hearing of the appeal; and shall at the same time serve a copy of the application on the Commissioner. (Amended, 62 of 1974, s. 16 and 21 of 1977, s. 6)
(2) When a date has been fixed for the hearing of the appeal, the said registrar shall give notice thereof to the appellant and the Commissioner and, on receipt of such notice, the appellant shall forthwith give notice of the date to each person on whom he has caused a copy of the notice of appeal to be served under section 42(3)(b). (Amended, 62 of 1974, s. 16 and 21 of 1977, s. 6)
(3) An appellant shall, if he withdraws his appeal, or decides not to proceed with it, notify the Commissioner and all other parties to the appeal accordingly.
44. (1) The Lands Tribunal shall hear and determine the appeal and may-
(a) make such order therein as it thinks proper;
(b) award costs to any party;
(c) direct the Collector of Rates to amend the valuation list
concerned in any manner; and
(d) make such other direction as to the payment of rates as
may be necessary.
(2) Subject to subsection (3), section 11 of the Lands Tribunal Ordinance shall apply to an appeal under this Ordinance. (Replaced, 33 of 1981, s. 27)
(3) The Lands Tribunal may, and on application by a party shall, reserve any question of law for the consideration of the Court of Appeal, which shall have power to hear and determine the question so reserved and shall send its opinion thereon to the Lands Tribunal. (Replaced, 33 of 1981, s. 27)
44A. (1) Notwithstanding anything in section 44(1), where the parties to the appeal have agreed upon the terms of any order to be made by the Lands Tribunal, particulars of the terms, signed by or on behalf of the parties, shall be sent to the Lands Tribunal, and the Lands Tribunal may, if it thinks fit, make an order in accordance with such terms and in the absence of the parties, unless the Lands Tribunal for any special reason requires their attendance.