24
CAP. 358]
Water Pollution Control
Supplementary provisions as to Appeal Board.
Review of Appeal Board's decision by Governor in Council.
[1980 Ed.
(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.
32. (1) If the Chairman of Appeal Boards 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 31(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 30(4) to act in his place.
(3) The Chairman of Appeal Boards may at any time resign his office by notice in writing to the Governor.
(4) If the parties to an appeal consent, the hearing of the appeal may be continued notwithstanding any change in the membership of an Appeal Board as if the change had not occurred.
33. (1) This section applies where-
(a) an Appeal Board has reversed or varied a decision or requirement of the Authority or the Secretary; and
(b) the Authority or Secretary considers that exceptional circumstances require the review of the Board's decision in the public interest.
(2) The Authority or Secretary 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.
Page 25
Page 26
24
CAP. 358]
Water Pollution Control
Supplementary provisions as to Appeal Board.
Review of Appeal Board's decision by Governor in Council.
[1980 Ed.
(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 ad- missible 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.
32. (1) If the Chairman of Appeal Boards is precluded by illness, absence from Hong Kong or any other cause from exercis- ing 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 31(1) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercis- ing his functions, the Chairman may appoint any other person from the panel provided for in section 30(4) to act in his place.
(3) The Chairman of Appeal Boards may at any time resign his office by notice in writing to the Governor.
(4) If the parties to an appeal consent, the hearing of the appeal may be continued notwithstanding any change in the membership of an Appeal Board as if the change had not occurred.
33. (1) This section applies where-
(a) an Appeal Board has reversed or varied a decision or requirement of the Authority or the Secretary; and
(b) the Authority or Secretary considers that exceptional cir- cumstances require the review of the Board's decision in the public interest.
(2) The Authority or Secretary 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.
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