1952-HKRS29-8-19_Part02 — Page 32

Procedure

Board.

(3) The Appeals Board may, subject to the provisions of section 34, regulate its own procedure, and in the absence of the chairman may from amongst its members appoint a temporary chairman.

(4) The Appeals Board may at its request be assisted in the conduct of an appeal by a legal officer appointed by the Attorney General to act as legal assessor,

(5) The Governor shall appoint a person to act as secretary to the Appeals Board.

34. (1) A person wishing to appeal under subsection (2) of of Appeals section 31 (hereinafter referred to as the appellant) shall within the period prescribed in that subsection deliver to the Director a statement in English (in duplicate) giving notice of his appeal and stating the grounds therefor, which shall be referred by the Director forthwith to the secretary of the Appeals Board. As soon as may be after receipt thereof the secretary shall give to the appellant and the Director at least fourteen days notice of the date for hearing the appeal.

(Cap 86.)

Decision of

Appeals

Board and notifi- cation

thereof,

(2) At the hearing of the appeal the appellant or his duly authorized representative and the Director or any person duly appointed by him for such purpose shall be entitled to be present and to be heard,

(3) The Appeals Board shall have the powers of commis- sioners conferred by section 3 of the Commissioners Powers Ordinance.

(4) The Appeals Board may determine the appeal in the absence of the Director or the appellant provided that due notice of its meeting has been given to both parties.

(5) The onus of proving that the grounds stated by the Director under section 31 for his decision are not correct or do not justify such decision shall be upon the appellant.

(6) Save with the consent of the Appeals Board, neither the Director nor the appellant may at the hearing rely upon any grounds other than those stated by the Director in accordance with section 31 or by the appellant in accordance with subsection (1) hereof.

35. (1) The Appeals Board may confirm, set aside or modify the Director's decision.

(2) Its decision shall be communicated to the Director together with the reasons therefor and it shall be the duty of the Director to supply forthwith to the appellani a copy of such decision and such reasons.

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(3) Unless the decision is wholly in favour of the appellant and the Director does not intend to appeal further the Director shall at the same time supply to the appellant a copy of section 36 herof.

appeal to

38. (0) The Director or the appellant may make further Further appeal to the Governor in Council from a decision of the Appeals Governor Board by delivering to the Clerk of Councils within fourteen days in Council. of such decision, a concise statement in writing in the English language of the grounds for such further appeal, and shall within two days of lodgment thereof deliver a copy thereof to the other party to the appeal.

(2) Such further appeal shall be in accordance with the Administrative Appeals Rules save that at the hearing the Director (Cap. 1, shall be entitled to be present and to be beard.

rules.)

powers of

37. (1) Notwithstanding any other provision of this Ordin- Special ance, if it shall appear to the Governor in Council that it would be Governor prejudicial to the security of the Colony or of the Commonwealth in Council

for pur or to public safety or to public order or morals that any school,

pose of manager or teacher should be registered or continue to be security, registered or that any person should be authorized or continue safety or to be authorized to teach as an unregistered teacher, the provi. sions of this section shall apply.

(a) The Governor in Council may cause to be served upon the supervisor or proposed supervisor of such school, or upon such manager or proposed manager, such teacher or such person, a notice in writing referring to this section and calling upon him to shew cause why the registration of such school, manager or teacher or the authority for such person to teach as an unregistered teacher should not be refused or cancelled.

(3) The Governor in Council may in his discretion effect the closure of such school or suspend from duty such manager, teacher or other person by stating in the notice served under sub- section (2), that until determination of any proceedings under this section the registration of any such school, manager or teacher or the authority for such person to teach shall be deemed to be cancelled.

(4) Any supervisor or proposed supervisor, manager or proposed manager, teacher or other person called upon to shew cause as aforesaid shall be entitled to appear in person and to hear the grounds upon which it is proposed to take the course specified and to make such representations as he may wish against such course being taken,

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moralu,