1971-HKRS28-8-38_Part04 — Page 7

Witnesses and inspections.

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(c) give the appellant and the Director not less than fourteen days notice of the time and place fixed for the bearing of the appeal.

(2) On receiving a copy of a notice of appeal under sub- section (1), the Director shall forthwith forward to the secretary of the Appeals Board a copy of the notice which has been served on the appellant under subsection (1) of section 60.

(3) At the hearing of an appeal, the appellant or his author- ized representative, and the Director or any person appointed by him for such purpose, shall be entitled to be present and to be heard on the appeal.

(4) The hearing of an appeal may at the discretion of the Appeals Board be open to the public or in camera, or partly open to the public and partly in camera.

(5) If the hearing of an appeal is adjourned, no person shall be present as a member of the Appeals Board when the hearing is resumed unless he has been present at all previous hearings of the appeal.

(6) The Appeals Board may hear and determine an appeal in the absence of the appellant or the Director if due notice of the hearing of the appeal has been given to both of the parties.

(7) The onus of proving that the grounds stated by the Director under subsection (1) of section 60 for his decision are not correct, or do not justify the decision, shall be upon the appellant.

(8) Except with the permission of the Appeals Board, neither the appellant nor the Director may rely at the hearing of an appeal on any grounds other than those stated by the Director in the notice served on the appellant under subsection (1) of section 60, and those specified by the appellant in the notice of appeal,

63. (1) For the purposes of hearing an appeal, the Appeals Board may-

(a) subject to subsection (4), hear and examine witnesses

on oath;

(6) subject to subsection (4), summon any person to attend any bearing of the Appeals Board to give evidence or produce any document or other thing in his possession and examine him as a witness or require him to produce any document or other thing in his possession;

(c) order an inspection of any premises;

(d) enter and view any premises.

(2) A summons under subsection (1) shall be in such form as the chairman of the Appeals Board shall direct and shall be signed by the chairman and the secretary.

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(3) Subject to subsection (4), any person who--

(2) being summoned under subsection (1) to attend any hearing of the Appeals Board to give evidence or to produce any document or other thing in his possession, refuses or neglects to do so; or

(b) being examined under subsection (1) as a witness by or before the Appeals Board, refuses or neglects to answer any question put to him by or with the concurrence of the Appeals Board, or to produce any document or other thing in his possession when required to do so, shall be guilty of an offence and shall be liable on conviction to a fine of five hundred dollars and to imprisonment for three months.

(4) Every person who appears as a witness before the Appeals Board shall be entitled to the same privileges in respect of the giving of evidence and the production of any document and other thing as he would be entitled to if appearing as a witness in civil proceedings before the Supreme Court.

(5) Any person who-

(a) behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of the Appeals Board; or

(b) wilfully disrupts the proceedings of the Appeals Board. shall be guilty of an offence and shall be liable on conviction to a fine of five hundred dollars and to imprisonment for three months.

64. (1) On the hearing of an appeal, the Appeals Board may confirm, reverse or vary the decision of the Director appealed against, and shall state its reasons for its decision.

(2) The secretary of the Board shall serve on the appellant and the Director notice in writing of the decision of the Appeals Board together with the reasons of the Board for its decision.

65. The Director or the appellant may within fourteen days after being served under subsection (2) of section 64 with a notice of the decision of the Appeals Board appeal by way of petition to the Governor in Council.

66. (I) Notwithstanding any other provision in this Ordin- ance, the Director may on such conditions, if any, as he thinks fit-

(a) by notice in writing to the supervisor permit a school to continue to operate after the registration or provisional

Decision of Appeals Board.

Further right of appeal to Governor in Council,

Permission

to operate school or to act pending appeal.