Camlitutdan
of Appeal Board.
(Cap. 335)
Exicke of
Appeal Boaunde's jurisdiction.
Stopplested-entaury provision D
to Appeal Board.
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30 (1) Every appeal under section 29 shall be determined by an Appeal Board cañstiluted under this Part
(2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law.
(3) Subject to section 32(3), the Chairman shall be appointed for a term of 2 years but may be reappointed.
(4) The Governor shall also appoint a panel of persons whom be considers to be suitable for appointment as members of an Appeal Board pursuant to section 31(1)
(3) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette.
(6) In subsection (2) and in section 32(1) "qualified in law" means qualified for appointment as a District Judge under section 5 of the District Court Ordinance.
31. (1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairros and such Dumbar of persons from the panel referred to” in section 30(4) as the Chairman may appoint for that appeal or group of appeals.
(2) On any appeal an Appeal Board may confirm, reverse or vary the decision or requirement of the Authority or the Secretary..
(3) Every question before an Appeal Board shall be determined. by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chairman; in the event of an equality of votes the Chairman shall have a casting vote.
(4) An Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) An Appeal Board may-
(a) receive evidence on oalb;
(b) admit or take into account any statement, document, informa- tion or matter whether or not it would be admissible as evidencÓ in a court of law and
(c) by notice ja writing summon any person to appear before it
to produce any document or to give evidence.
(6) The Chairman may determine any form or matter of practice or procedure in so fur un nó provision is made therefor in this Ordinance,
32. (1) if the Chairman of Appeal Boards is precluded by illness. absence from Hong Kong or any other cause from exercising his functiona the Governor may appoint any other person qualified in law to act as Chairman and as such to exercise and perform all of the powers, functions and duties of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 31(1) to bear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chair- man may appoint any other person from the panel provided for in section 30(4) to act in his place.
(3) The Chairman of Appeal Boards may at any time resign his office by police in writing to the Governor.
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(4) If the parties to an appeal consent, the hearing of the appeal may be continued ootwithstanding any change in the membership of an Appeal Board as if the change had not occurred.
33. (1) This section applies where-
Review of Appeti
(a) an Appeal Board has reversed or varied a decision or require- Board's
meat of the Authority or the Secretary; and
decision by
Glovefood
(6) the Authority or Secretary considers that exceptional circum- le Council,
stances require the review of the Board's decision in the public interest.
(2) The Authority or Secretary may, where this section applies, within 14 days of being notified of a decision of an Appeal Board refer the case for review by the Governor in Council.
(3) Where the Authority or the Secretary bas referred a case for review under subsection (2), he shall forthwith notify the other party in writing of the reference, giving his reasons for seeking the review and inviting him to submit written representations concerning the review. within 14 days of receiving the notice, for consideration by the Govemor in Council.
(4) Upon a reference under subsection (2) and upon the expiry of the period of 14 days referred to in subsection (3) the Governor in Council may review the case, considering any representations submitted under subsection (3), and may confirm, reverse or vary the decision of the Appeal Board.
34. (1) The Chairman of Appeal Boards may of his own motion, Cue may be before an appeal is determined, refer any question of law to the Court alated for of Appeal by way of case stated,
(2) On the bearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment.
PART VI
POWERS OF ENFORCEMENT
Chart at ADDER.
information.
35. (1) The Authority may by notice in writing to any person Autocry require him to furnish to the Authority, within a period and in a form may chub stipulated in the notice, any information specified in the notice being information which he is authorized to obtaid by regulations made under section 46(17) or which the Authority may reasonably require for the purpose of exercising and performing his powers, functions and duties under this Ordinance.
(2) A person who-
() fails without reasonable excuse to comply with the requirements
of a notice served on bim under subsection (1); or
(b) in compliance or purported compliance with such a notice, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in à material particular or knowingly omits any material particular, commits an offence and is liable to a fine of $5,000.
36. (1) Subject to subsection (2), the Authority may in writing Authorized authorize public officers to exercise the powers conferred on an authorized uncers. officer by sections 37 and 38, or such of those powers as the Authority may specify.
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