1964_PHARMACY_AND_POISONS_ORDINANCE — Page 28

1989 Ed.]

Pharmacy and Poisons

[CAP. 138

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(2)(a) as the Director may designate to act as chairman shall preside at the hearing.

(7) The Tribunal may act notwithstanding any vacancy in its membership and, for the purpose of hearing and determining any appeal under this section, the Tribunal shall be duly constituted if it consists of the chairman (or the member designated under subsection (6) to act as chairman) and not less than 2 other members sitting together throughout the hearing and determination.

(7A) Where-

(a) a member resigns, or his term of office expires, and he is not immediately reappointed to be or renominated to act as a member of the Tribunal; and

(b) at the time of the member's resignation or expiry of his term of office the hearing of an appeal under this section is continuing,

then for the purpose of hearing and determining the appeal-

(i) the member shall continue to hold office; and

(ii) the appointment or nomination of any person to the office previously held by the member shall take effect subject to this subsection. (Added 6 of 1989 s. 2)

(7B) Where-

(a) at the date of the commencement of the Pharmacy and Poisons (Amendment) Ordinance 1989 (6 of 1989) the hearing of an appeal under this section is continuing; and

(b) a member of the Tribunal hearing the appeal resigned or his term of office expired after the commencement of the hearing,

then for the purpose of hearing and determining the appeal the member shall be deemed to continue to hold office until the appeal is determined; and the appointment or nomination of any person to the office previously held by the member shall have effect subject to this provision. (6 of 1989 s. 3 incorporated)

(8) The Tribunal may examine any person as a witness on oath or otherwise, and may summon any person to attend and give evidence or to produce any document relating to any appeal before the Tribunal, as the Tribunal may deem necessary for the determination of the appeal.

(9) In determining any appeal under this section, the Tribunal may dismiss the appeal or allow the appeal wholly or in part, and may, subject to regulations made under subsection (10), in either case give such reasons for its decision as it may deem fit.

(10) The Governor may make regulations-

(a) regulating appeals under this section and the practice and procedure of the Tribunal;

(b) prescribing fees in respect of such appeals and matters connected therewith.