1980 Ed.]
Water Pollution Control
[CAP. 358
23
(4) Where the decision or requirement appealed from was made under a provision mentioned in paragraphs (a) to (e), (g) to (m) or (o) of subsection (1) the notice thereof shall be suspended and cease to have effect as from the day on which notice of appeal is duly given to the Authority and until the appeal is disposed of, withdrawn or abandoned, unless-
(a) the decision or requirement is considered by the Authority to be necessary because-
(i) in any case, the quality of the part of the waters of Hong Kong to which the decision or requirement relates may constitute a danger to the health of the public or a section of the public; or
(ii) in the case of a licence for the purposes of section 9, the discharge or deposit to which the decision or requirement relates may be harmful to the drainage or sewerage system, or any part thereof, or to the health or safety of any person engaged in the operation thereof; and
(b) the notice contains a statement to that effect.
(5) Where the appeal is from a decision of the Secretary under section 43, he shall not enter in the register the information to which the appeal relates until the appeal is disposed of, withdrawn or abandoned.
30. (1) Every appeal under section 29 shall be determined by an Appeal Board constituted under this Part.
(2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law.
(3) Subject to section 32(3), the Chairman shall be appointed for a term of 2 years but may be reappointed.
(4) The Governor shall also appoint a panel of persons whom he considers to be suitable for appointment as members of an Appeal Board pursuant to section 31(1).
(5) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette.
(6) In subsection (2) and in section 32(1) "qualified in law" means qualified for appointment as a District Judge under section 5 of the District Court Ordinance.
31. (1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 30(4) as the Chairman may appoint for that appeal or group of appeals.
(2) On any appeal an Appeal Board may confirm, reverse or vary the decision or requirement of the Authority or the Secretary.
67/905.22
Constitution of Appeal Board;
(Cap. 336.)
Exercise of Appeal Board's jurisdiction.