Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 20

Appeals

(Past version on 30/06/1997).

(1) Subject to this section, an appeal shall lie to the Court from any
decision of the Commissioner, the Board or the Pneumoconiosis Medical  Board.
(Amended 54 of 1993 s. 22)

(2) Except with the leave of the Court (which shall not be granted unless in
the opinion of the Court some substantial question of law is involved in the
appeal) no appeal shall lie if the amount in dispute is less than $5000.
(Amended 54 of 1993 s. 22)

(3) No appeal shall lie from any decision-

   (a)  unless an application for review under section 19D in respect of that
        decision has first been determined; or

   (b)  in any case in which an order has been made by the Court giving effect
        to an agreement come to by the parties. (Replaced 54 of 1993 s. 22)

(4) Subject to subsections (5) and (6), no appeal shall lie from any decision
after the expiration of 6 months from the determination of a review in
relation to that decision. (Replaced 54 of 1993 s. 22)

(5) Subject to subsection (6), no appeal shall lie from any decision of the
Commissioner as to a matter referred to in section  15 (2)(b) after the
expiration of 1 month from the determination of a review in relation to that
decision. (Added 54 of 1993 s. 22)

(6) The Court may, if it thinks fit, extend the time within which to appeal
under this section notwithstanding that that time has elapsed. (Added 54 of
1993 s. 22)

(7) On an appeal under this section, the Court may confirm, vary or reverse
any decision of the Commissioner, the Board or the Pneumoconiosis 
Medical Board, and may make any further order, including any order as to
costs, as it thinks fit. (Added 54 of 1993 s. 22)

(8) In this Part, "decision" (決定) includes a determination, and the power
conferred on the Court under subsection (7) to confirm, vary or reverse any
decision includes the power to determine the amount of compensation or other
moneys payable under this Ordinance. (Added 54 of 1993 s. 22)

(9) The Board may, for the purpose of the protection of the Fund, and on such
terms as it sees fit, enter into a compromise of any appeal or proposed appeal
and may make any payment from the Fund for that purpose. (Added 54 of 1993 s.
22)

"decision" (決定)