WEDNESDAY, JULY 25, 1990
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SHE SAID THAT IN STUDYING THE BILL, THE GROUP WAS CONCERNED WHETHER NATURAL JUSTICE WOULD BE SEEN TO BE ACHIEVED FROM THE APPELLANT'S POINT OF VIEW, GIVEN THE PRESENCE OF TWO MEMBERS FROM THE RELEVANT MUNICIPAL COUNCILS OUT OF A TOTAL NUMBER OF FIVE MEMBERS ON THE APPEALS BOARDS.
MRS FAN SAID THE GROUP HAD CONSIDERED A PROPOSAL OF EXCLUDING MUNICIPAL COUNCILLORS FROM THE BOARDS.
"THIS HOWEVER IS NOT ACCEPTABLE TO THE MUNICIPAL COUNCILS WHO FEEL STRONGLY THAT THERE SHOULD BE A MEMBER OF THE RELEVANT COUNCIL ONTHE BOARD WHO CAN INFORM THE NON-COUNCIL MEMBERS
OF THE CONSIDERATIONS WHICH INFLUENCED THE COUNCIL WHEN FORMULATING THE POLICY AND HOW POLICIES ACTUALLY WORK," SHE SAID.
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SHE SAID THAT AFTER GIVING DUE WEIGHT TO THE SENTIMENT OF THE MUNICIPAL COUNCILS AND THE CONFIDENCE OF THE "PELLANTS, THE MAJORITY OF MEMBERS OF THE GROUP FAVOURED THE ΟΙ ΙΟΝ ΤΟ HAVE ONLY ONE MUNICIPAL COUNCILLOR AND TWO NON-COUNCIL MEMBERS ON THE BOARD.
THE GROUP HAD ALSO EXAMINED THE COMPOSITION BOARDS AND TRIBUNALS AND FOUND THIS WAS IN LINE WITH OF MOST OF THEM.
OF OTHER APPEALS THE COMPOSITION
MOREOVER, TO ENSURE THAT A DECISION COULD BE MADE IF A BOARD WAS EVENLY DIVIDED OVER AN APPEAL, THE GROUP AGREED THAT THE CHAIRMAN WOULD BE GIVEN AN ORIGINAL AS WELL AS A CASTING VOTE, MRS FAN SAID.
NOTING THAT THERE APPEARED TO BE NO STANDARD PRACTICE IN REGARD TO THE CONSTITUTIONS OF THE VARIOUS STATUTORY APPEALS BODIES IN HONG KONG, MRS FAN SAID THE GROUP FELT THAT THE GOVERNMENT SHOULD BE ASKED TO CONSIDER ADJUSTING THE MEMBERSHIPS OF EXISTING STATUTORY APPEALS BODIES SO THAT THE NUMBER OF PERSONS WHO MIGHT HAVE BEEN DIRECTLY OR INDIRECTLY INVOLVED IN MAKING A DECISION WHICH WAS SUBJECT TO APPEAL SHOULD BE REDUCED TO THE ABSOLUTE MINIMUM.
THE PRINCIPLE SHOULD ALSO APPLY IN ANY FUTURE APPEALS BODIES TO BE SET UP, SHE ADDED.
MUNICIPAL SERVICES APPEALS BOARDS BILL SUPPORTED
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THE MUNICIPAL SERVICES APPEALS BOARDS BILL 1990 IS SUPPORTED BY THE URBAN COUNCIL, WITH ARRANGEMENTS HAVING NOW BEEN MADE FOR HOLDING SEPARATE HEARINGS FOR APPEALS CONCERNING LICENSED PREMISES AND ON MARKET AND STREET TRADERS POLICIES.
THE REPRESENTATIVE OF THE URBAN COUNCIL CONSTITUENCY IN THE LEGISLATIVE COUNCIL, THE HON ELSIE TU, SAID THIS IN THE COUNCIL TODAY (WEDNESDAY) DURING THE RESUMED SECOND READING DEBATE ON THE BILL.
/UNDER THE