Hong Kong Ordinances

INTERPRETATION AND GENERAL CLAUSES ORDINANCE - SECT 64

Appeals and objections to Chief Executive in Council

(Past version on 30/06/1997).

Amendments retroactively made - see 26 of 1998 ss. 23 & 37

(1) Where any Ordinance confers upon any person a right of appeal or objection
to the Chief Executive in Council, such appeal or objection shall be governed
by rules made in accordance with subsection (2). (Replaced 54 of 1969 s. 5)

(2) The Chief Executive in Council may make rules governing the procedure to
be followed in appeals or objections to the Chief Executive  in Council.
(Replaced 54 of 1969 s. 5)

(3) The conferring by any Ordinance of a right of appeal or objection to the
Chief Executive in Council shall not prevent any person from applying to the
High Court for an order of mandamus, certiorari, prohibition, injunction or
any other order, instead of appealing or making an objection to the
Chief Executive in Council, where an application for such an order would lie,
but no proceedings by way of mandamus, certiorari, prohibition, injunction or
other order shall be taken against the Chief Executive in Council in respect
of any such appeal or objection to the Chief Executive in Council or any
proceedings connected therewith. (Amended 54 of 1969 s. 5; 26 of 1998 s. 23)

(4) The Chief Executive in Council, when considering any appeal or objection
to him (whether by way of petition or otherwise, and whether such appeal or
objection is made by virtue of any Ordinance or otherwise) shall act in an
administrative or executive capacity and not in a judicial or quasi-judicial
capacity and shall be entitled to consider and take into account any evidence,
material, information or advice in his absolute discretion. (Amended 54 of
1969 s. 5)

(5) The Chief Executive in Council, when considering any appeal or objection
to him (whether by way of petition or otherwise and whether such appeal or
objection is made by virtue of any Ordinance or otherwise) against any
decision of any person, public officer or public body, may confirm, vary or
reverse such decision or substitute therefor such other decision or make such
other order as the Chief Executive in Council may think fit. (Amended 54 of
1969 s. 5) (Amended 26 of 1998 s. 37)