TNAG-1732-FCO40-2445-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 163

question so. 9~~

No

Page

an alternative body, it is

it is likely that that body

would be concerned with only some of the decisions

under the Banking Ordinance.

appellant

If

an i

body were

established it would normally be empowered to hear

an appeal de novo; in other words, it would be empowered

to take fresh evidence, and it would take decisions

open to the administrator whose decision is under

an appeal. Therefore, Sir, the tribunal could,

in theory, reverse a decision based on the general

policy of the administration of the Government and

that policy would be a policy which had been

accepted

by

institutions

generally.

It

was

felt,

It

Sir, when we studied this matter, that

it would be undesirable if the whole policy had

to be reversed in an appeal before a new tribunal.

It is unlikely, Sir, that such a tribunal would

possess the full background to the policy on which

the original policy decision had been made.

might also not be in a position to perceive all

the wider implications of its decision..

study, Sir, it was considered that the best thing

to do would be to leave these appeals with the

Governor in Council as the principle policy-making

body.

So, after

I accept, Sir, that some appeals under the Banking