C 12
[Subsidiary]
Appellant
resident outside the Colony.
Extension of time.
Announcement of decision of the Tribunal.
Record of decisions.
CAP. 199] Royal Hong Kong Regiment (Pensions)
Regulations
[1973 Ed.
(c) the appellant and the Board to cross-examine witnesses and to comment, whether at a hearing of the appeal or in writing, on the evidence and to make a statement in writing or to address the Tribunal;
(d) determining the appeal in the absence of the appellant.
(2) The appellant and the Board shall be notified of any arrangement made under paragraph (1).
40. (1) Where an appellant is resident outside the Colony his appeal may, subject to the provisions of this regulation, be heard in his absence.
(2) When an appeal is ready for hearing, the appellant shall be notified of that fact by the secretary, and the appellant shall, within such time as may be specified in the notification, give notice to the secretary if he intends to appear at the hearing of his appeal.
(3) If the chairman is satisfied that it is reasonable for the hearing to be postponed, he may direct that the appeal shall not be heard before the date on which the appellant is able to appear and may give further directions for the hearing of the appeal as he may think fit.
(4) The chairman may, in the case of an appeal in respect of the disablement of an appellant, make arrangements for the appellant to be medically examined at some convenient place in the country in which he is resident, and, where such an arrangement is made, the appeal shall not be proceeded with until a medical report on the appellant is received by the secretary and a copy thereof is sent to the appellant and the Board.
41. The time appointed by this Part for doing anything in connexion with an appeal may be extended by the Board or the Tribunal, as the case may be, upon such terms as the justice of the case may require, and such extension may be allowed although the application therefor is not made until after the expiration of the time appointed.
42. The decision of the Tribunal on appeal may be announced by the chairman immediately after the hearing of the appeal or may be communicated in writing to the appellant and the Board within 7 days after the Tribunal has reached its decision, and in either case the chairman shall indicate the reasons for the decision of the Tribunal.
43. (1) The chairman shall sign a document recording the decision on appeal (to be called "Decision on Appeal") and copies of the Decision on Appeal, certified under the hand of the secretary, shall be sent to the appellant, the Board and the Commanding Officer.