1971 Ed.]
Administrative Appeals Rules.
[CAP. 1.
A 1
[Subsidiary]
ADMINISTRATIVE APPEALS RULES.
L.N. 164/69.
(Cap. 1, section 64).
[14th November, 1969.]
1. These rules may be cited as the Administrative Appeals Rules.
2. In these rules, unless the context otherwise requires—
‘appeal” means—
(a) an appeal to the Governor in Council otherwise than by way of petition; and
(b) an objection to the Governor in Council other than an objection in writing;
"applicant" means the person who initiates an appeal;
"committee" means a committee of members of the Executive Council appointed under paragraph (1) of rule 9;
"Ordinance" means any Ordinance by which an appeal is provided;
"respondent" means any public officer who, or the head of any Government department which, is concerned in an appeal.
3. No appeal shall lie if proceedings in respect of the matter of the appeal have already been taken or initiated before a court.
4. An applicant shall submit for the consideration of the Governor in Council a written memorandum, setting out the grounds of appeal upon which he relies, within thirty days after the notification to him of the decision against which he wishes to appeal.
5. A memorandum of appeal shall be written in the English or Chinese language and delivered to the Clerk of Councils who shall forward a copy thereof to the respondent.
6. The Clerk of Councils shall give the applicant not less than seven days' notice of the hearing of the appeal, and shall furnish the applicant with a copy of these rules.
7. The applicant may, if he so desires, be present at the hearing of the appeal and be heard either in person or by counsel or solicitor:
Provided that if he elects to be heard by his counsel or solicitor he shall not himself also be heard save by special leave of the Governor in Council or of a committee appointed under rule 9 for the purpose of hearing such appeal.
UNIVERSITY
OF
LAW
HO.