A 24
CAP. 115]
[Subsidiary]
Immigration Regulations
[1987 Ed.
(Cap. 227.)
L.N. 254/84.
(Cap. 221, sub. leg.)
Transfer of bearing to other adjudicators.
Hearings in absence of appellant.
Record of proceedings.
(b) Nothing in this sub-paragraph shall entitle any person to refuse to give any evidence or to produce any document on the ground only that such evidence or document would not be admissible in a court of law and that accordingly he could not be compelled to give or produce it.
(3) The Tribunal may require any witness to give evidence on oath or affirmation.
(4) For the purpose of this paragraph, the Tribunal and any adjudicator shall have the same powers in relation to witnesses as a magistrate would have under sections 21 and 22 of the Magistrates 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.
(5) (a) The Tribunal may allow in respect of a witness who attends at the hearing of an appeal to give evidence (including professional or expert evidence) a professional witness allowance, expert witness allowance or loss allowance, as the case may be, not exceeding the professional witness allowance, expert witness allowance or loss allowance that a magistrate may allow under the Criminal Procedure (Witnesses' Allowances) Rules in respect of a witness who attends to give evidence in criminal proceedings. (b) Any sum allowed under sub-sub-paragraph (a) shall cease to be payable unless claimed within 3 months from the date on which it was allowed.
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.
12. The Tribunal may hear an appeal in the absence of the 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.
13. The Tribunal shall keep a summary or record of proceedings in every appeal which comes before it in such form as the chief adjudicator may determine.
A 24
CAP. 115]
[Subsidiary]
Immigration Regulations
[1987 Ed.
(Cap. 227.)
L.N. 254/84.
(Cap. 221, sub. leg.)
Transfer of bearing to other adjudicators.
Hearings in absence of appellant.
Record of proceedings.
(b) Nothing in this sub-paragraph shall entitle any person to refuse to give any evidence or to produce any document on the ground only that such evidence or document would not be admissible in a court of law and that accordingly he could not be compelled to give or produce it.
(3) The Tribunal may required any witness to give evidence on oath or affirmation.
(4) For the purpose of this paragraph, the Tribunal and any adjudicator shall have the same powers in relation to witnesses as a magistrate would have under sections 21 and 22 of the Magistrates 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.
(5) (a) The Tribunal may allow in respect of a witness who attends at the hearing of an appeal to give evidence (including professional or expert evidence) a professional witness allowance, expert witness allowance or loss allowance, as the case may be, not exceeding the professional witness allowance, expert witness allowance or loss allowance that a magistrate may allow under the Criminal Procedure (Witnesses' Allowances) Rules în respect of a witness who attends to give evidence in criminal proceedings. (b) Any sum allowed under sub-sub-paragraph (a) shall cease to be payable unless claimed within 3 months from the date on which it was allowed.
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.
12. The Tribunal may hear an appeal in the absence of the appellant-
(a) if the appellant refuses or declines to appear when given the opportunity to
do so; or
(b) if satisfied that-
or
(i) by reason of illness or injury the appellant cannot attend the hearing;
(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.
13. The Tribunal shall keep a summary or record of proceedings in every appeal which comes before it in such form as the chief adjudicator may determine.
No comments yet.
Private notes are available after approval.