TNAG-0984-FCO40-1203-Immigration-from-China-to-Hong-Kong-1980 — Page 93

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Tribunal not confined to

grounds set out in notice of appeal.

Respondent on an appeal.

Representation

of appellant.

Director of Immigration to prepare facts for Tribunal.

Notice of hearing date and securing attendance of appellant.

Witnesses and evidence.

(Cap. 227.)

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5. A Tribunal may consider any matter which appears to it to be relevant to any ground of appeal permited by the Ordinance notwith- standing the omission of any reference to such matter in the notice of appeal, and may receive and consider any evidence which appears to it to be relevant to the issues before it notwithstanding that the evidence would not be admissible in a court of law

6. The Director of Immigration shall be the respondent to an appeal and may be represented by an immigration officer.

7. An appellant may, if the Tribunal thinks fit so to allow, be represented at the hearing by counsel or a solicitor who is authorized by the appellant to appear as his representative, and where the appellant is so represented, the Tribunal may also allow the Director of Immigration to be represented by counsel or a solicitor.

8. (1) The Director of Immigration shall, as soon as practicable after notice of appeal is given, cause-

(a) a written summary of the facts of the case and of the reasons for the removal order to be prepared and to be referred to the Tribunal; and

(b) a copy thereof to be given to the appellant and read over to him in a language he understands if he is unable to read it for himself.

(2) It shall not be necessary for the Director of Immigration to comply with sub-paragraph (1) if he is of the opinion that it is not practicable to do so having regard to the time available before the hearing of the appeal; but in any such case an oral statement of the facts of the case and of the reasons for the removal order shall be given at the hearing of the appeal.

9. (1) The Tribunal shall, if there is to be a hearing, cause notice in writing to be given as soon as is practicable to the Director of Immigration and to the appellant stating the time and place of the hearing.

(2) It shall be the duty of the Director of Immigration to secure, subject to paragraph 11, the attendance at the hearing notified under sub- paragraph (1), of any appellant who is in custody.

10. (1) The Tribunal may, on its own motion or, if it thinks fit, on the application of an appellant or of the Director of Immigration, by summons require any person to attend as a witness at the hearing of an appeal at such time and place as may be specified in the summons. and at the hearing to answer any questions or produce any documents in his possession, custody or power which relate to any issue in the appeal. (2) (a) Notwithstanding sub-paragraph (1), no person shall be com- pelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings in a court of law.

(b) Nothing in this sub-paragraph shall entitle any person to refuse to give any evidence or to produce any document on the ground only that such evidence or document would not be admissible in a court of law and that accordingly he could not be compelled to give or produce.

(3) The Tribunal may require any witness to give evidence on oath or affirmation.

(4) For the purpose of this paragraph, the Tribunal and any adjudicator shall have the same powers in relation to witnesses as a magistrate would have under sections 21 and 22 of the Magistrates

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