2223
CAP. 311]
Air Pollution Control
[1987 Ed.
Supplementary provisions as to Appeal Board.
Review of Appeal Board's decision by Governor in Council.
Case may be stated.
(8) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor by or under this Ordinance.
34. (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions the Governor may appoint any other person qualified in law to act as Chairman and as such to exercise and perform all of the functions, duties and powers of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 33(1) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chairman may appoint any other person from the panel provided for in section 32(4) to act in his place.
(3) The Chairman may at any time resign his office by notice in writing to the Governor.
(4) The hearing of an appeal may be continued notwithstanding any change in the membership of an Appeal Board as if the change had not occurred:
Provided that no person shall be appointed as a member of an Appeal Board before which the hearing of an appeal has been commenced without the consent of the parties.
35. (1) This section applies where-
(a) an Appeal Board has reversed or varied a decision, requirement or specification of the Authority or an authorized officer; and
(b) the Authority considers that exceptional circumstances require the review of the Board's decision in the public interest.
(2) The Authority may, where this section applies, within 14 days of being notified of a decision of an Appeal Board refer the case for review by the Governor in Council.
(3) Where the Authority has referred a case for review under subsection (2), he shall forthwith notify the other party in writing of the reference, giving his reasons for seeking the review and inviting the other party, within 14 days of receiving the notice, to submit written representations concerning the review for consideration by the Governor in Council.
(4) Upon a reference under subsection (2) and upon the expiry of the period of 14 days referred to in subsection (3) the Governor in Council may review the case, considering any representations submitted under subsection (3) and may confirm, reverse or vary the decision of the Appeal Board.
36. (1) The Chairman may of his own motion, before an appeal is determined, refer any question of law to the Court of Appeal by way of case stated.
2223
CAP. 311]
Air Pollution Control
[1987 Ed.
Supplementary provisions as to Appeal Board.
Review of Appeal Board's decision by Governor in Council.
Case may be stated.
(8) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor by or under this Ordinance.
34. (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions the Governor may appoint any other person qualified in law to act as Chairman and as such to exercise and perform all of the functions, duties and powers of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 33(1) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chairman may appoint any other person from the panel pro- vided for in section 32(4) to act in his place.
(3) The Chairman may at any time resign his office by notice in writing to the Governor.
(4) The hearing of an appeal may be continued notwith- standing any change in the membership of an Appeal Board as if the change had not occurred:
Provided that no person shall be appointed as a member of an Appeal Board before which the hearing of an appeal has been commenced without the consent of the parties.
35. (1) This section applies where-
(a) an Appeal Board has reversed or varied a decision, require- ment or specification of the Authority or an authorized officer; and
(b) the Authority considers that exceptional circumstances require the review of the Board's decision in the public interest.
(2) The Authority may, where this section applies, within 14 days of being notified of a decision of an Appeal Board refer the case for review by the Governor in Council.
(3) Where the Authority has referred a case for review under subsection (2), he shall forthwith notify the other party in writing of the reference, giving his reasons for seeking the review and inviting the other party, within 14 days of receiving the notice, to submit written representations concerning the review for consideration by the Governor in Council.
(4) Upon a reference under subsection (2) and upon the expiry of the period of 14 days referred to in subsection (3) the Governor in Council may review the case, considering any representations sub- mitted under subsection (3) and may confirm, reverse or vary the decision of the Appeal Board.
36. (1) The Chairman may of his own motion, before an appeal is determined, refer any question of law to the Court of Appeal by way of case stated.
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