1950-HKRS29-8-17_Part03 — Page 26

FIRST COLUMN.

(14) Section 44

(15) Fourth

Schedule

7

6

Second ColUMN.

"(e) the Interpretation Ordinance, 1911, with the exception of subsection (3) of section 25, Section 34, section 37 and sections 43 to 52;"

(14) Section 44 is repealed and replaced by the

following-

"44. This Ordinance shall come into operation on the 1st day of September, 1950.

(15) The principal Ordinance is amended by the addition after the Third Schedule of the following-

Citation.

Inter. pretation.

No appeal in certain LANES.

Grounda

of appeal.

Fourth SCHEDULE [s. 39A.]

ADMINISTRATIVE APPEALS Rules, 1950.

1. These Rules may be cited as the Administrative Appeals Rules, 1950.

2. In these Rules-

**enactment"" means an enactment in which an appeal to the Governor in Council is provided;

"applicant" means the person who initiates an appeal to the Governor in Council;

any public

"'respondent" means servant who is concerned in such an appeal, and where no such person is specified in an enactment means the head of any department which is concerned.

3. No appeal shall lie if proceedings have already been taken or initiated before the Court or a magistrate in respect of the matter of the appeal,

4. A person may appeal who-

(a) is dissatisfied with the exercise of the discretion of any person to whom dis- cretionary power is given under an enactment

FIRST COLUMN,

Statement of grounde of appeal in writing.

Notice of bearing,

Appear-

Licen

Determina- tion of appeal

Second COLUMN.

in respect of any act, matter or thing which is by the enactment made subject to the exer- cise of the discretion of such authority; or

(b) is dissatisfied with any action or decision of any such person either as to the carrying out of or the meaning of any of the provisions of the enactment ;

(c) considers that any of the pro- visions of the enactment are, owing to special conditions, undesirable.

5.

The grounds of such appeal shall be concisely stated in writing in the English language, and shall be delivered to the Clerk of Councils.

6. The Clerk of Councils shall give the applicant seven days notice of the hearing of the appeal, and shall at the same time furnish the applicant with a copy of section 39A of the Interpretation Ordinace, 1950, and a copy of these rules.

7. The applicant may, if he so desires, be present at the hearing of such appeal and be heard in its support either in person or by his representative : Provided that if he elects

to be heard by his representative he shall not himself be heard except by special leave of the Governar in Council.

8. (1) The Governor in Council shall thereafter determine the matter in the absence of, and without further reference to the res- pondent.

(2) 11 shall be lawful for the Governor in Council to appoint a committee consisting of members of Executive Council for the purpose of hearing any such appeal and of advising him as to the decision that should be made thereon: Provided that the Governor in Council shall not be bound to accept such advice.