1952-HKRS30-8-42_Part04 — Page 23

Medical examina- tion of appellant.

Announce bent of decision of the tribunal.

Recording und proof of

decisions.

Appeal in

appellant.

16

(4) Where the secretary is notified by, or on behalf of, the appellant or of the Board that a further hearing is desired on the opinion or report, a notice of hearing shall be sent to the appellant and to the Board not less than ten days before the date fixed for the case to be further heard,

(5) Where neither the appellant nor the Board desire to address the Tribunal further, the Tribunal may give their de- cision without a further hearing of the case, after taking into consideration any comments in writing made by the appellant or by the Board on the opinion or report.

31. In a case where the appellant is present in person of the hearing and is the person in respect of whose disablement the appeal is brought, the medical member of the Tribunal may, with the assent of the appellant, make a medical examination of the appellant.

32. The decision of the Tribunal may, at the discretion of the Tribunal, be announced by the chairman of the Tribunal Immediately after the hearing of the case, or may be communicat- ed in writing to the appellant and the Board within seven days after the Tribunal have reached their decision, and in either casc The chairman of the Tribunal shall indicate shortly the Tribunal's reasons for giving their decision.

33. (1) The secretary shall enter, in a hook to be kept by him for the purpose, a minute of every decision of the Tribunal.

(2) The chairman of the Tribunal shall sign a document (to be called a "Form of Decision") recording the decision on the appeal and it shall be the duty of the secretary to prepare copies of the Form of Decision and to certify them under his band, and a copy so certified shall be sent to the appellant and to the Board, (3) A copy of a Form of Decision purporting to have been certified as aforesaid shall be conclusive evidence of the decision of the Tribunal on the appeal to which that Form of Decision relates.

34. Subject to any arrangements made by the chairman of absence of the Tribunal under regulation 35, and to the provisions of regula

tion 37, an appeal shall not be heard in the absence of the appel- lant unless he has sent to the secretary a request that his appeal should be heard in his absence, or the Tribunal are satisfied, on representation made on behalf of the appellant, that be desires

17

his appeal to be heard in his absence: Provided that, notwith- standing that such a request has been made, the Tribunal may, if they think that the presence of the uppellant is necessary for the due determination of the appeal, give directions that the appeal shall not be heard in his absence.

mental in- frmity.

35. Where the chairman of the Tribunal is satisfied that any Provision

for appellant is unable, through physical or mental infirmity, to appellant attend the Tribunal and that his incapacity is likely to continue unable to

attend for a prolonged period, the chairman may make such arrange Tribunal ments as may appear to him best suited, in all the circumstances through of the case, for disposing fairly of the appeal, and in particular physical or may arrange-

(a) for the appellant to be visited at some convenient place by one or more members of the Tribunal, or by other persons appointed in that behalf by the chairman, for the purpose of recording the appellant's evidence and any statement which he may wish to make, and for the appellant to be medically examined, so however that in an appeal under regulation rg the visit shall be made by the medical member of the Tribunal or by another duly qualified medical practitioner appointed by the chairman;

C

(b) for taking, whether before the Tribunal or otherwise, the evidence of medical or other witnesses on behalf of the appellant and the Board, and in particular the evidence of the near relatives, guardian or other represen- tative of the appellant;

(c) for enabling the appellant's representative and the Board to comment, whether at a hearing of the Tribunal or in writing, on the evidence so taken and to make a statement in writing or to address the Tribunal ;

(d) for the determination of the appeal in the absence of the appellant: Provided that any arrangement made under paragraph (a) or (b) shall make provision for enabling the representative of the Board, if he so desires, to be present while the evidence of the appellant and other witnesses is taken and to ask questions of the appellant and other witnesses.

36. () This regulation shall apply to any case where the Medical medical history of the appellant or of the person in respect of evidence

injurious whose death an appeal is brought comprises material which, in to the

appellant, the opinion of the Board, it would be undesirable in the interests of the appellant to disclose to him.