227494-1936-Ordinances-passed-and-assented-to--Pen — Page 13

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 11, 1936.

provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, 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 setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

(2) 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 Urban Council.

Council

in any

appeal to

13.-(1) In any appeal under the provisions of section Governor in 12 the Governor in Council may at any time in his discretion empowered direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. state case The terms of such case shall be agreed upon by the parties for the

opinion of concerned, or in the event of their failure to agree shall be Full Court settled by the Full Court. The Full Court shall hear and on question determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

(4) 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 consideration 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 section 12.

of law.

Governor-in

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

enforced by the Court,

of sections

17

10, 11 and

8. Sections 10, 11 and 12 of the Public Health (Food) Renumbering Ordinance, 1935, are renumbered sections 15, 16 and respectively.

Passed the Legislative Council of Hong Kong, this 9th day of September, 1936.

D. M. MACDOUGALL,

Deputy Clerk of Councils.

12 of Ordin-

ance No. 13 of 1935.

857-