1973 Ed.] Royal Hong Kong Regiment (Pensions)
Regulations
[CAP. 199
C 11
34. (1) An appellant whose disablement is in issue may be medically examined by the member of the Tribunal who is a medical practitioner.
(2) The Tribunal may obtain a professional or expert opinion on any matter arising out of an appeal and may arrange for the examination of an appellant by a medical specialist to obtain his opinion on the condition of the appellant.
[Subsidiary]
Medical examination of
appellant.
35. (1) Subject to paragraph (2), the hearing of an appeal shall be open to the public.
(2) Where an application is made to the Tribunal by any party to an appeal that the appeal, or a part of it, be heard in camera, the Tribunal may, if it thinks fit, hear the appeal, or a part of it, in camera.
36. The Tribunal may receive and consider any evidence which in its opinion is material to the appeal, notwithstanding that the evidence would not be admissible in the courts of Hong Kong under the law relating to evidence.
37. In any matter not provided for by this Part, the chairman shall adopt such course as appears to him to be best calculated to do justice.
38. (1) Subject to the provisions of regulations 25, 39 and 40, an appeal shall not be heard in the absence of the appellant unless he has sent to the secretary a written request that his appeal be heard in his absence, or the Tribunal is satisfied, on representation made on behalf of the appellant, that he desires his appeal to be heard in his absence.
(2) Notwithstanding a request that an appeal be heard in the absence of the appellant, the Tribunal may, if it thinks that the presence of the appellant is necessary for the due determination of the appeal, give directions that the appeal shall not be heard in his absence.
Hearings in
public or in camera.
Tribunal not bound by rules of evidence.
Matters not provided for in regulations.
Appeal in absence of appellant.
Appellant unable to attend Tribunal
39. (1) Where the chairman is satisfied that an appellant is unable, through physical or mental infirmity, to attend the Tribunal and that his incapacity is likely to continue for a prolonged period, the chairman may make such arrangements as he may think fit for disposing of the appeal, and in particular may arrange for-
(a) the appellant to be medically examined at any place;
(b) the taking of evidence of the appellant and the witnesses on behalf of the appellant and the Board at any place, whether before the Tribunal or other person appointed by the chairman;
or mental infirmity.
1973 Ed.] Royal Hong Kong Regiment (Pensions)
Regulations
[CAP. 199
C 11
34. (1) An appellant whose disablement is in issue may be medically examined by the member of the Tribunal who is a medical practitioner.
(2) The Tribunal may obtain a professional or expert opinion on any matter arising out of an appeal and may arrange for the examination of an appellant by a medical specialist to obtain his opinion on the condition of the appellant.
[Subsidiary]
Medical examination of
appellant.
35. (1) Subject to paragraph (2), the hearing of an appeal Hearings in shall be open to the public.
(2) Where an application is made to the Tribunal by any party to an appeal that the appeal, or a part of it, be heard in camera, the Tribunal may, if it thinks fit, hear the appeal, or a part of it, in camera.
36. The Tribunal may receive and consider any evidence which in its opinion is material to the appeal, notwithstanding that the evidence would not be admissible in the courts of Hong Kong under the law relating to eividence.
37. In any matter not provided for by this Part, the chairman shall adopt such course as appears to him to be best calculated to do justice.
38. (1) Subject to the provisions of regulations 25, 39 and 40, an appeal shall not be heard in the absence of the appellant unless he has sent to the secretary a written request that his appeal be heard in his absence, or the Tribunal is satisfied, on representa- tion made on behalf of the appellant, that he desires his appeal to be heard in his absence.
(2) Notwithstanding a request that an appeal be heard in the absence of the appellant, the Tribunal may, if it thinks that the presence of the appellant is necessary for the due determination of the appeal, give directions that the appeal shall not be heard in his absence.
public or in camera.
Tribunal not bound by rules of evidence.
Matters not provided for in regulations.
Appeal in absence of appellant.
Appellant unable to attend Tribunal
39. (1) Where the chairman is satisfied that an appellant is unable, through physical or mental infirmity, to attend the Tribunal and that his incapacity is likely to continue for a prolonged period, through physical the chairman may make such arrangements as he may think fit for disposing of the appeal, and in particular may arrange for-
(a) the appellant to be medically examined at any place;
(b) the taking of evidence of the appellant and the witnesses on behalf of the appellant and the Board at any place, whether before the Tribunal or other person appointed by the chairman;
or mental infirmity.
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