Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 62

Constitution and powers of Appeal Board

(1) The Appeal Board shall consist of the Chairman or a Deputy Chairman who
shall preside at the hearing and such number of persons, not being fewer than
2, from the panel referred to in section 61(5) as the Chairman may appoint to
be members of the Appeal Board to hear any appeal.

(2) In relation to the hearing of appeals every question before the
Appeal Board shall be determined by the opinion of the majority of the members
hearing the appeal except a question of law which shall be determined by the
Chairman or (where appropriate) the Deputy Chairman; in the case of an
equality of votes the Chairman or Deputy Chairman shall have a casting vote.

(3) In hearing an appeal the Appeal Board may-

   (a)  receive and consider any material, whether by way of oral evidence,
        written statements, documents or otherwise, and whether or not it
        would be admissible in a court of law;

   (b)  by notice in writing signed by the Chairman, summon any person-

        (i)    to produce to it any document that is relevant to the appeal
               and is in his custody or under his control; or

        (ii)   to appear before it and to give evidence relevant to the
               appeal;

   (c)  administer oaths and affirmations;

   (d)  require evidence to be given on oath or affirmation;

   (e)  make an award of such sum, if any, in respect of the costs involved in
        the appeal as is just and equitable in all the circumstances of the
        case.

(4) After hearing an appeal made in respect of an occupational 
retirement scheme-

   (a)  under section 8, the Appeal Board may determine the appeal by
        confirming the Registrar's decision or directing the Registrar to
        issue an exemption certificate in respect of the scheme;

   (b)  under section 13, the Appeal Board may determine the appeal by
        confirming the Registrar's decision or directing the Registrar to
        restore the relevant exemption certificate;

   (c)  under section 19, the Appeal Board may determine the appeal by
        confirming the Registrar's decision or directing the Registrar to
        register the scheme;

   (d)  under section 46, the Appeal Board may determine the appeal by
        confirming the Registrar's decision or directing the Registrar to
        restore the registration of the scheme. (Enacted 1992)