CO537-4835(2) — Page 112

148

Appeal to Governor in

Council.

Order final

and to be enforced.

Service of notices.

THE HONG KONG GOVERNMENT GAZETTE.

holds the land from the Crown and, if not satisfied with such representations, to cause a sale by public auction of a new lease of the land to take place and cause to be refunded to the owner the amount so realised less the amount of all proper charges and expenses."

9. (1) Whenever any person is dissatisfied with the exercise of the discretion of the Director or with any action or decision of any other person as to the carrying out of or the meaning of any of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may appeal to the Governor in Council who, if in his opinion the exercise of such discretion. or such action or decision requires modification, revocation, or

render setting aside, or such special conditions exist as

any such provision undesirable, may make such order in respect thereof as may be just. The grounds of such appeal shall be concisely stated in writing, and the appellant, may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of and without further reference to the Director. The Clerk of Councils shall give the appellant seven days' notice of the hearing of the appeal and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the con- sideration of the Governor in Council: Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition, or other order should he elect so to do, instead of appealing to the Governor in Council under this section.

(2) For the purposes of sections 8, 9, 10, 11 and 12, the Governor in Council may from time to time or for such period or in respect of such matters as may seem expedient in the event of multiplicity or length of matters to be considered or decided under the provisions of this Ordinance, authorise a Committee of the Governor in Council to exercise generally or in any class of cases or in any particular case, all or any of the duties and powers vested in the Governor in Council under this Ordinance and thereupon such Committee shall have vested in them, subject to revocation by the Governor in Council, the duties and powers to which any such authority relates.

10. Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme Court as if it had been an order of that Court.

11. Any notice required to be served under this Ordinance may be served either personally or by sending the same by registered post to the usual or last known place of business or residence of the person to be served and the date of such service shall be taken to be the date that such personal service is effected or date of the certificate that such notice has been delivered to the