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WEDNESDAY, JANUARY 26, 1994

INDEPENDENT BOARD TO DEAL WITH ADMINISTRATIVE APPEALS

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TO

AN INDEPENDENT ADMINISTRATIVE APPEALS BOARD WILL BE SET UP PROVIDE A MORE STRUCTURED AND UNIFORM SYSTEM TO DEAL WITH CERTAIN ADMINISTRATIVE APPEALS.

THE ADMINISTRATIVE APPEALS BOARD BILL THAT GIVES TO SUCH EFFECT WAS PASSED IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE BOARD WILL CONDUCT HEARINGS IN PUBLIC EXCEPT IN SPECIAL CIRCUMSTANCES. THE APPELLANT WILL HAVE THE RIGHT TO ATTEND AND BE REPRESENTED AT HEARINGS.

SPEAKING AT THE RESUMED DEBATE ON THE BILL, THE CHIEF SECRETARY, THE HON MRS ANSON CHAN, SAID THE BOARD WOULD BE REQUIRED TO STATE IN WRITING THE REASONS FOR ITS DECISIONS.

"THESE ARRANGEMENTS WILL NOT ONLY IMPROVE THE TRANSPARENCY OF THE DETERMINATION OF APPEALS, BUT WILL ALSO ENHANCE THE QUALITY OF THE ADMINISTRATION OF JUSTICE.'

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MRS CHAN SAID THE SOLE PURPOSE OF THE BOARD WAS TO HEAR APPEALS AGAINST ADMINISTRATIVE DECISIONS, THEREFORE IT WOULD BE INAPPROPRIATE FOR IT TO RECOMMEND OR AWARD EX-GRATIA PAYMENTS.

HOWEVER, THE BOARD IS GIVEN THE POWER TO REFER MATTERS BACK THE RESPONDENT, THAT IS, THE ORIGINAL DECISION-MAKER,

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FOR

CONSIDERATION.

AS THE BOARD IS INTENDED TO BE A GENERAL APPEALS BOARD WITH SIMPLE PROCEDURES TO DEAL WITH MATTERS BEFORE IT EXPEDITIOUSLY AND IN A COST-EFFECTIVE MANNER, THEREFORE IT IS NOT NECESSARY OR DESIRABLE TO PROVIDE A FURTHER RIGHT OF APPEAL.

"THE REMEDY OF JUDICIAL REVIEW SHOULD BE ADEQUATE TO CATER FOR ANY ERRORS OF LAW COMMITTED BY THE BOARD, SHE SAID.

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BILL TO IMPROVE BUS SERVICES INTRODUCED TO LEGCO

BUS

A BILL SEEKING TO PROVIDE LEGISLATIVE TEETH TO PENALISE COMPANIES FOR NON-PERFORMANCE WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

(AMENDMENT} SAID WHEN

SERVICES

BARMA,

MOVING THE SECOND READING OF THE PUBLIC BUS

BILL 1994, THE SECRETARY FOR TRANSPORT, MR HAIDER ENCOURAGEMENT AND WARNINGS TO BUS COMPANIES FAILED TO ACHIEVE THE DESIRED RESULTS OF IMPROVING THE QUALITY OF BUS SERVICES, THE IMPOSITION OF FINANCIAL PENALTIES BECAME NECESSARY.

GREATER

MR BARMA SAID THE IMPACT OF THE BILL WOULD BECOME MUCH AS IT SOUGHT TO CHANGE THE MANNER IN WHICH FINES COULD BE LEVIED.

/UNDER THE

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