TNAG-0984-FCO40-1203-Immigration-from-China-to-Hong-Kong-1980 — Page 94

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Ordinance in proceedings under Part II of that Ordinance, and a summons to a witness shall be in such form as the chief adjudicator may determine.

11. (1) Where an appeal has not been disposed of by the adjudicators hearing it, the chief adjudicator shall make arrangements, if he is of the opinion that it is not practicable for the appeal to be determined by those adjudicators, or determined without undue delay by those adjudicators, for the appeal to be dealt with by one of those adjudicators and another adjudicator or 2 other adjudicators; and the appeal may be dealt with accordingly.

(2) Where the adjudicators hearing an appeal consider that the appeal should, for any reason, be dealt with by one of them and another adjudicator, or by 2 other adjudicators, they may make arrangements for the appeal to be so dealt with; and the appeal may be dealt with accordingly.

Transfer of hearing to

other adjudicators.

12. The Tribunal may hear an appeal in the absence of the Hearings in

absence of appellant-

appellant.

(a) if the appellant refuses or declines to appear when given the

opportunity to do so; or

(b) if satisfied that-

(i) by reason of illness or injury the appellant cannot attend the hearing; or

(ii) if the appellant did attend the hearing he would present a threat to the health or safety of other persons at the hearing,

and that it would be proper in all the circumstances to proceed in the absence of the appellant.

proceedings.

13. The Tribunal shall keep a summary or record of proceedings in Record of every appeal which comes before it in such form as the chief adjudicator may determine.".

COUNCIL CHAMBER,

1980.

J. A. FROST,

Clerk of Councils.

Explanatory Note

These regulations amend the principal regulations so as to- (a) make it clear that the Director of Immigration may issue Viet- namese refugee cards (defined in section 2 of the Ordinance) without fee; and

(b) make provision for the practice and procedure to be followed in appeals to the Immigration Tribunal under section 53A of the Ordinance, against a removal order which is made by the Director or Deputy Director of Immigration.

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