Aavendosa of
4.
mecalon 11.
Auttom of
ILA.
Ausendesent at Schedule,
2
Section 11 of the principal Ordinance is amended- (a) by deleting subsections (2) and (3) and substituting the following-
(2) Any party who alleges that the Tribunal erred in agy point of law in arriving at its decision under subsection (1) may apply, within 14 days after the decision has been given, in writing to the registrar requesting the President or the member of the Tribunal presiding over the proceedings ip question to state a case for the opinion of the Court of Appeal for its decision on the alleged error of law.
(3) Where any party requests a case to be stated under subsection (2) and the proceedings by question were heard by a Tribunal which did not include a member qualified in law, a case shall be stated by the President.
(JA) A case stated under subsection (2) shall set forth in writing the decision of the Tribunal wod the reasons therefor.
(38) On a case submitted to under subsection (2) the Court of Appeal may affirm, reverse or vary the decision of the Tribunal or may remit the case to the Tribunal with its opinion thereon,”; and
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(b) by inserting, after subsection (4), the following new subsections--.
*(5) On the bearing of the case, the Court of Appeal may amend the case or order it to be sent back to the Tribunal for amendment.
J11
(6) In any proceedings before the Court of Appeal under this section, the court may make such onder in regard to costs as it thinks 11.
(7) The practics and procedure to be followed in any case stated under subsection (2) shall be governed by rules made under section 1003).".
3. The principal Ordinance is amended by adding, after section 11, the following new section...
"Review p deşldon.
11A. (1) The Tribunal, on such grounds as it may think sufficient and within 1 month from the date of any decision given or made by it. may decido to review any fading of fact in relation to such decision and may vary or confirm its previous decision.
(2) The power conferred by subsection (1) may be exercised-
(a) by a member of the Tribunal, on notice to all
parties to the proceedings; or
(8) on the application of any party to the proceedings,
on notice to the other party.
(3) If the Tribunal shall have decided, within 1 month from the date of any decision, to exercise in power of review in respect thereof, such power may be exercised at any time thereafter whether within such period of 1 month or otherwise.”.
$ The Schedule to the principal Ordinance is amended by adding, after the item "130. Streets (Alteration) Ordinance.", the following-
"*276. Mass Transit Railway Land Resumption and Related
Provisions) Ordinance.".
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Paused by the Hong Kong Legislative Council this 29th day of November, 1978.
Pla
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
Pia
Clerk to the Legislative Council.