1967-HKRS30-8-57_Part01 — Page 11

Appearance of respondeat

Appointment

of committee.

Decision of Governor in Coundl.

Parties to bo informed of decision.

Case stated.

Revocation.

(VOL VIL, p. 133

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8. The respondent may, if he so desires, be present at the hearing of such appeal and be heard either in person or by counsel or solicitor:

Provided that if be elects to be heard by his counsel or solici- tor he shall not himself be heard except by special leave of the Governor in Council.

9. The Governor in Council may appoint a committee of members of the Executive Council for the purpose of hearing any such appeal and of advising the Governor in Council as to the decision that should be made thereon:

Provided that the Governor in Council shall not be bound to accept the advice of such committee.

10. The Governor in Council may make such order in respect of an appeal as to him may seem just.

11. The applicant and the respondent shall be informed of the decision of the Governor in Council by the Clerk of Councils in writing within fourteen days after the determination of the appeal or within such other time and in such other manger as the Governor in Council may specify,

12. (1) In any appeal the Governor in Council may direct a case to be stated for the opinion of the Full Court on any ques- tion of law involved in any appeal submitted to him.

(2) The terms of any such case shall be agreed upon by the parties concerned, or, in the event of their failure to agree, shall be settled by the Full Court.

(3) The Full Court shall bear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing before the Full Court shall be in the discretion of the Full Court.

(4) Any party to the appeal shall be entitled to be heard by counsel or in person on the hearing before the Full Court of any case so stated.

13. The Administrative Appeals Rules are revoketh,

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Explanatory Note.

(This Note is not part of the rules, but is intended to indicate their general purport).

The Rules revoke and replace the Administrative Appeals Rules. The only change of substance is that the respondent 10 an administrativo appeal is given a right to be represented by counsel or a solicitor.

(Secretariat GR. 85/3231/47101)

Clerk of Councils.

COUNCIL CHAMBER,

25th January 1967,