1952-HKRS30-8-42_Part04 — Page 19

Tribunal

to be bound by Part I hereof.

Tine

limits for appeals.

Notices.

(i) whether or not the Board's decision referred to in paragraph (a) or, as the case may be, the final assess- ment of the degree or nature of the disablement was right,

and the Tribunal on any such appeal may set aside the said decision or assessment on the ground that the circumstances of the case do not permit of such a final settlement, or may uphold that decision or assessment, or may make such final assessment of the degree or nature of the disablement as they think proper, which may be either higher or lower than the Board's assessment if any.

any

16. Ia determining an appeal under this Part in respect of claim or award, the Tribunal shall be bound by the provisions, relating to the issue before the Tribunal, of Part I of these regulations.

16. (1) No appeal shall be brought under the provisions of this Fart, except under sub-regulation (1) of regulation 14+ unless notice of appeal in the manner prescribed in Part III of these regulations is given within twelve months from the date on which the decision or assessment is notified to the claimant : Provided that the Tribunal may allow an appeal to be brought after the expiration of the period limited by this sub-regulation if they consider that there was a reasonable excuse for the delay.

(a) No appeal shall be brought under sub-regulation (1) of regulation 14 unless notice of that appeal is given, in the manner prescribed in Part II of these regulations, not later than three months after-

(a) the date on which the period of two years referred to in

the said sub-regulation expires; or

(b) the date of the coming into force of these regulations; or (c) the date on which the said assessment is notified; whichever is the latest of those dates: Provided that the Tribunal may allow the appeal to be brought after the expira- tion of the period limited by this sub-regulation if they consider there was a reasonable excuse for the delay.

17. Any notice given by the Board under this Part shall be in writing and may be sent by registered post to the last known or usual place of abode of the claimant or any person authorized to act on his behalf in relation to the claim and, in the case of a notice of a decision from which an appeal lies

to the Tribunal, shall specify that fact and the time within which and the manner in which notice of such an appeal must be given.

18. No court fees shall be charged on the hearing of any No court

fees to bo appeal before the Tribunal.

charged.

PART III.

APPEAL PROCEDURE.

19. (1) An appeal shall be brought by the person in respect Persons of whose claim the Board have given the decision against which by whom

appeals the appeal lies: Provided that, where that person is under the may be age of eighteen or is prevented by mental or physical infirmity brought, from acting on his own behalf, the appeal shall be brought by some other person acting for him.

(a) Where an appeal is brought by a person acting on behalf of another, that person may take all such steps and do all such things for the purposes of the appeal as an appellant is by this Part required or authorized to take or do.

20. An appeal to the Tribunal shall be commenced by the Method of appellant notifying the Board in writing of his intention to appeal. appealing.

case and

21. (1) Subject to the provisions of regulations 23 and 25, Statement the Board shall, upon receiving written notification from an of the appellant of his intention to appeal, prepare a document (to be answer. called a "Statement of the Case') setting forth-

(a) the relevant facts relating to the appellant's case as known to the Board, including the medical history of the appellant; and

(b) in the case of an appcal under sub-regulation (1), (2) or (3) of regulation 12, the Board's reasons for making the decision against which the appeal is brought,

(2) When the Statement of the Case has been prepared, the Board shall send two copies to the appellant and shall inform bim that he may, if he so desires, submit (on a form to be supplied by the Board) an answer to the Statement indicating- (a) whether, and in what respect, the facts in the Statement

of the Case are disputed;

(b) any further facts which, in his opinion, are relevant

to the appeal; and