D2
[Subsidiary]
CAP. 311] Air Pollution Control (Appeal Board) Regulations
[1983 Ed.
Grounds of appeal.
Grounds of appeal abandoned.
Failure of appellant to attend hearing.
Record of proceedings.
8. The grounds of appeal shall be limited to those set out in the notice of appeal unless the Board grants leave for the grounds of appeal to be amended.
9. (1) The appellant may abandon all or any of his grounds of appeal before or during the hearing of his appeal.
(2) Where the appellant abandons grounds of appeal under paragraph (1) before the hearing of his appeal he shall by notice in writing, addressed to each of the Chairman and to the Authority or the Secretary as the case may be, inform them of such abandonment.
10. (1) If on the day fixed for the hearing of an appeal, the appellant fails to attend the hearing either in person or by barrister or solicitor the Board may--
(a) if satisfied that the appellant's failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) dismiss the appeal.
(2) If an appeal has been dismissed by the Board under regulation 10(1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing addressed to the Chairman, apply to the Board to review its order and the Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal and proceed to hear the appeal.
11. The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters-
(a) the nature of the grounds of appeal;
(b) the names of the appellant, the Authority or the Secretary as the case may be and of the respective witnesses on either side;
(c) the evidence of the witnesses; and
(d) the decision of the Board.
SCHEDULE
FORM 1
[regs. 3, 4 & 5.] [reg. 3.]
NOTICE OF APPEAL
Appeal against the decision, requirement or specification contained in a notice issued under the Air Pollution Control Ordinance.
To: Air Pollution Control Appeal Board
1. Full name of Appellant:
2. Address of Appellant:
Telephone No.
D2
[Subsidiary]
CAP. 311] Air Pollution Control (Appeal Board)
Regulations
[1983 Ed.
Grounds of appeal.
Grounds of appeal abandoned.
Failure of appellant to attend hearing.
Record of proceedings.
8. The grounds of appeal shall be limited to those set out in the notice of appeal unless the Board grants leave for the grounds of appeal to be amended.
9. (1) The appellant may abandon all or any of his grounds of appeal before or during the hearing of his appeal.
(2) Where the appellant abandons grounds of appeal under paragraph (1) before the hearing of his appeal he shall by notice in writing, addressed to each of the Chairman and to the Authority or the Secretary as the case may be, inform them of such abandonment.
10. (1) If on the day fixed for the hearing of an appeal, the appellant fails to attend the hearing either in person or by barrister or solicitor the Board may--
(a) if satisfied that the appellant's failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) dismiss the appeal.
(2) If an appeal has been dismissed by the Board under regulation 10(1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing addressed to the Chairman, apply to the Board to review its order and the Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal and proceed to hear the appeal.
11. The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following
matters-
(a) the nature of the grounds of appeal;
(b) the names of the appellant, the Authority or the Secretary as the case may be and of the respective witnesses on either side;
(c) the evidence of the witnesses; and
(d) the decision of the Board.
SCHEDULE
FORM 1
[regs. 3, 4 & 5.]
[reg. 3.]
NOTICE OF APPEAL
Appeal against the decision, requirement or specification contained in a notice issued
under the Air Pollution Control Ordinance.
To: Air Pollution Control Appeal Board
1. Full name of Appellant:
2.
Address of Appellant:
Telephone No.
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