Hong Kong Ordinances

PLANNERS REGISTRATION ORDINANCE - SECT 28

Appeal to Court of Appeal

(Past version on 01/07/1997).
(Past version on 30/06/1997).

PART V

APPEALS

(1) Any person who is aggrieved by any decision or order made in respect of
him under section 14(1), 15(5) or 23(1) may appeal to the Court of Appeal.
(Amended 33 of 1997 s. 27)

(2) The Court of Appeal may affirm, reverse or vary the decision or order
appealed against. (Amended 10 of 2005 s. 102)

(3) Where a person appeals against an order of an inquiry  committee, the
Court of Appeal shall consider the reasons of the inquiry  committee and
submissions upon the findings of fact and law of the inquiry  committee made
on behalf of the parties to the inquiry and may call for the original record
of the evidence taken and any document put in evidence before the
inquiry committee. (Amended 10 of 2005 s. 102)

(4) The Court of Appeal may, upon special grounds being shown, consider any
additional evidence not adduced before the inquiry committee.

(5) (Repealed 10 of 2005 s. 97)

(6) The practice in relation to any appeal shall be subject to any rules of
court made under the High Court Ordinance ( Cap 4). (Amended 57 of 1999 s. 3)

(7) The Court of Appeal shall not have power to hear any appeal against a
decision or order made under section 14(1), 15(5) or 23(1) unless-

   (a)  in the case of a decision made under section 14(1) or 15(5), notice of
        such appeal is given within 3 months after the applicant is notified
        in writing of the decision;

   (b)  in the case of an order made under section 23(1), notice of such
        appeal is given within 3 months of the service of the order under
        section 26. (Replaced 33 of 1997 s. 27)

(8) In deciding any appeal under this section the Court of Appeal may make
such order for the payment of costs as it considers reasonable. (Enacted 1991)