22
22
CAP. 354]
Waste Disposal
[1987 Ed.
(Cap. 336.)
Exercise of Appeal Board's jurisdiction.
Supplementary provisions as to Appeal Board.
(3) Subject to section 27(3), the Chairman shall be appointed for a term of 2 years but may be reappointed.
(4) The Governor shall also appoint a panel of persons whom he considers to be suitable for appointment as members of an Appeal Board pursuant to section 26(1).
(5) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette.
(6) In subsection (2) and in section 27(1) "qualified in law" means qualified for appointment as a District Judge under section 5 of the District Court Ordinance.
26. (1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 25(4) as the Chairman may appoint for that appeal or group of appeals.
(2) On any appeal an Appeal Board may confirm, reverse or vary the decision or direction appealed from.
(3) Every question before an Appeal Board shall be determined by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chairman; in the event of an equality of votes the Chairman shall have a casting vote.
(4) An Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) An Appeal Board may-
(a) receive evidence on oath;
(b) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law; and
(c) by notice in writing summon any person to appear before it to produce any document or to give evidence.
(6) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor in this Ordinance.
27. (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 powers, functions and duties of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 26(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 25(4) to act in his place.
22
22
CAP. 354]
Waste Disposal
[1987 Ed.
(Cap. 336.)
Exercise of Appeal Board's jurisdiction.
Supplementary provisions as to Appeal Board.
(3) Subject to section 27(3), the Chairman shall be appointed for a term of 2 years but may be reappointed.
(4) The Governor shall also appoint a panel of persons whom he considers to be suitable for appointment as members of an Appeal Board pursuant to section 26(1).
(5) An appointment under subsection (2) and every appoint- ment to the panel under subsection (4) shall be notified in the Gazette.
(6) In subsection (2) and in section 27(1) "qualified in law" means qualified for appointment as a District Judge under section 5 of the District Court Ordinance.
26. (1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 25(4) as the Chairman may appoint for that appeal or group of appeals.
(2) On any appeal an Appeal Board may confirm, reverse or vary the decision or direction appealed from.
(3) Every question before an Appeal Board shall be deter- mined by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chairman; in the event of an equality of votes the Chairman shall have a casting vote.
(4) An Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) An Appeal Board may-
(a)
receive evidence on oath;
(b) admit or take into account any statement, document, information or matter whether or not it would be admis- sible as evidence in a court of law; and
(c) by notice in writing summon any person to appear before it
to produce any document or to give evidence.
(6) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor in this Ordinance.
27. (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 powers, functions and duties of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 26(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 25(4) to act in his place.
No comments yet.
Private notes are available after approval.