Hong Kong Ordinances

TOWN PLANNING ORDINANCE - SECT 17A

Constitution of Appeal Board

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 62 of 2000 s.
3

(1) The Chief Executive may appoint a panel of persons ("the Appeal Board
panel") whom he considers suitable to sit as members of an Appeal  Board to
hear an appeal under section 17B. (Amended 62 of 2000 s. 3)

(2) The Chief Executive shall not appoint- (Amended 62 of 2000 s. 3)

   (a)  a member of the Board;

   (b)  a public officer;

   (c)  a Justice of Appeal, to the Appeal Board panel. (Replaced 14 of 1996
        s. 2)

(2A) For the avoidance of doubt, in subsection (2), "public officer"
(公職人員) does not include a judge of the Court of First Instance, a
recorder of the Court of First Instance, a deputy judge of the Court of First
Instance or a District Judge. (Added 14 of 1996 s. 2. Amended 25 of 1998 s. 2)

(3) The Chief Executive may appoint a member of the Appeal Board  panel as
Chairman of the panel and may appoint one or more members as Deputy Chairmen
of the panel as he thinks fit. (Amended 14 of 1996 s. 2; 62 of 2000 s. 3)

(4) The Chief Executive may appoint a public officer to be the secretary to
the Appeal Board panel. (Amended 62 of 2000 s. 3)

(5) On receipt of a notice of appeal, the secretary to the Appeal  Board panel
shall notify the Chairman of the panel who, subject to subsections (6), (7),
(11) and (16), shall nominate an Appeal Board.

(6) The Chairman of the Appeal Board panel shall not nominate an Appeal Board
to hear an appeal or act as its Chairman if he has a direct or indirect
interest in the appeal.

(7) A Deputy Chairman of the Appeal Board panel designated for the purpose by
the Chairman of the panel shall, in the absence of the Chairman of the panel,
or if the Chairman of the panel has a direct or indirect interest in an
appeal, nominate an Appeal Board to hear the appeal. (Amended 14 of 1996 s. 2)

(8) Subsection (6) shall apply to a Deputy Chairman of the Appeal  Board panel
as it applies to the Chairman of the panel. (Amended 14 of 1996 s. 2)

(9) Subject to subsections (6), (8), (11) and (16), the Chairman or a Deputy
Chairman and 4 other members of the Appeal Board panel shall constitute an
Appeal Board to hear an appeal. (Amended 14 of 1996 s. 2)

(10) Subject to subsections (6), (8), (11) and (16), the Chairman or a Deputy
Chairman of the Appeal Board panel shall act as Chairman of an Appeal Board.
(Amended 14 of 1996 s. 2)

(11) If the Chairman of the Appeal Board panel and the Deputy Chairman
designated under subsection (7) have a direct or indirect interest in an
appeal, the Chief Executive may appoint another Deputy Chairman or another
member of the panel, who does not have a direct or indirect interest in the
appeal, to nominate an Appeal Board to hear the appeal and to act as Chairman
of the Appeal Board. (Amended 14 of 1996 s. 2; 62 of 2000 s. 3)

(12) At least 3 members, one of whom must be the Chairman of the Appeal Board,
shall be present to hear and determine an appeal.

(13) The Appeal Board shall hear the appeal and a majority of the members
hearing the appeal shall determine questions before it.

(14) Where there is an equality of votes in respect of any question to be
determined in an appeal the Chairman of the Appeal Board shall have a casting
vote in addition to his original vote.

(15) A member shall not take part in determining the questions before the
Appeal Board unless he has been present at all the Appeal Board meetings held
in respect of the appeal concerned.

(16) If the Chairman of the Appeal Board panel is precluded by illness or
absence from Hong Kong from exercising his functions-

   (a)  the Deputy Chairman designated under subsection (7) shall act as
        Chairman; or

   (b)  if the Deputy Chairman designated under subsection (7) is unable to
        act as Chairman, the Chief Executive may appoint another Deputy
        Chairman or another member to act as Chairman. (Replaced 14 of 1996 s.
        2. Amended 62 of 2000 s. 3) (Added 101 of 1991 s. 4)

"public officer" (公職人員)