1989 Ed.]
Registration of Persons Regulations
[CAP. 177
A 25
[Subsidiary]
5.
Respondent
The Commissioner of Registration shall be the respondent to an appeal and may be represented by a registration officer, counsel or a solicitor.
6. Representation of appellant
An appellant may be represented by counsel, a solicitor or such other representative authorized by the appellant as may be approved by the Tribunal.
7.
Respondent to prepare facts of case for Tribunal
The respondent shall, as soon as practicable after a notice of appeal is provided to him under paragraph 1-
8.
(a) prepare a written summary of the facts of the case and setting out--
(i) the reasons for the refusal of a registration officer to issue a permanent identity card to the appellant; or
(ii) the reasons for the registration officer to declare a permanent identity card issued to the appellant to be invalid; and
(b) deliver copies of that written summary by post or otherwise to the appellant at his last known address and to the Tribunal.
Notice of hearing
The Tribunal shall inform the respondent and the appellant by notice in writing the time and place of the hearing.
9. Witnesses and evidence
(1) The Tribunal may, on the application of an appellant or of the respondent, or on its own motion, by summons require any person to attend as a witness at the hearing of an appeal at such time and place as may be specified in the summons, and at the hearing to answer any questions, to give evidence or produce any documents in that person's possession, custody or power which may relate to any issue in the appeal.
(2) (a) Notwithstanding subparagraph (1), no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings in a court of law.
(b) Nothing in this subparagraph shall entitle any person to refuse to give any evidence or to produce any document on the ground only that such evidence or document would not be admissible in a court of law and that accordingly he could not be compelled to give or produce it.
(3) The Tribunal may require any witness to give evidence on oath or affirmation.
(4) For the purpose of this paragraph, the Tribunal and any adjudicator shall have the same powers in relation to witnesses as a magistrate has under sections 21 and 22 of the Magistrates Ordinance (Cap. 227) in proceedings under Part II of that Ordinance, and a summons to a witness shall be in such form as the chief adjudicator may determine.
(5) (a) The Tribunal may allow in respect of a witness who attends at the hearing of an appeal to give evidence (including professional or expert evidence) a professional witness allowance, expert witness allowance or loss allowance, as the case may be, not exceeding the professional witness allowance, expert witness allowance or loss allowance that a magistrate may allow under the Criminal Procedure (Witnesses' Allowances) Rules (Cap. 221 sub. leg.) in respect of a witness who attends to give evidence in criminal proceedings.
(b) Any sum allowed under subparagraph (a) shall cease to be payable unless claimed within 3 months from the date on which it was allowed.
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