Citation.
Interpretation.
No appeal in
certain cases,
Time for appealing.
Language of memorandum of appeal.
Notice of hearing.
Appearance of applicant.
INTERPRETATION AND GENERAL CLAUSES ORDINANCE.
(Chapter 1).
ADMINISTRATIVE APPEALS RULES 1969.
In exercise of the powers conferred by section 64 of the Interpretation and General Clauses Ordinance, the Governor in Council has made the following rules-
1. These rules may be cited as the Administrative Appeals Rules 1969.
1. In these rules, unless the context otherwise requires "appeal" means--
(4) an appeal to the Governor in Council otherwise than by
way of petition; and
(8) 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 bearing 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.
8. The respondent may, if he so desires, be present at the bearing of the appeal and be beard 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 be heard except by special leave of the Governor in Council or of a committee appointed under rule 9 for the purpose of hearing such appeal.
9. (1) The Governor in Council may appoint a committee of not less than two members of the Executive Council for the purpose of hearing-
(a) any appeal or class of appeals:
(b) any appeal by way of petition or any class of such
appcals; or
(c) any objection in writing to the Governor in Council or
any class of such objections.
(2) The Governor in Council may in his discretion refer any appeal or class of appeals, any appeal by way of pelition or any class of such appeals, or any objection in writing or any class of such objections to the committee for such purpose.
10. (1) A committee shall bear any matter referred to it under paragraph (2) of rule 9 and shall advise the Governor in Council as to the decision that should be made thereon:
Provided that the Governor in Council shall not be bound to accept the advice of such committee.
(2) Every hearing by a committee shall be in captera.
II. Rules 7 and & shall apply to any appeal by way of petition, or objection in writing, which is referred to a committee, in the same manner as to an appeal.
12. The applicant and the respondent shall be informed of the decision of the Governor in Council by the Clerk of Councils in writing within fourteen days after the determination of the appeal or within such other time or in such other manner as the Governor in Council may specify.
Appearance of respondent.
Appointment of committee.
Function of committee.
Application of rules to petitions and written objections.
Parties to be informed of decision.