Hong Kong Ordinances

AMUSEMENT GAME CENTRES ORDINANCE - SECT 13

Constitution of Appeal Board

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 59 of 2000 s.
3

(1) The Appeal Board shall consist of the Chairman and such number of persons,
being not less than 2, from the panel referred to in section  12 (4) as the
Chairman may, subject to subsection (3), appoint to be members thereof 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; in the case of an equality of votes the Chairman shall have a
casting vote.

(3) The Appeal Board shall not at any time consist of a majority of persons
who are public officers.

(4) Prior to or at the hearing of an appeal the Appeal Board may-

   (a)  consider and determine whether a party should have access to documents
        which the party claims are relevant to the appeal and which are in the
        possession or control of another person and order that other person to
        give the party access to such documents;

   (b)  receive evidence on oath and administer any oath necessary for that
        purpose;

   (c)  admit or take into account any statement, document, information or
        matter whether or not it would be admissible in a court of law;

   (d)  by notice in writing summon any person to appear before it to produce
        any document or other thing specified in the notice or to give
        evidence;

   (e)  give directions to the Commissioner with respect to the exercise by
        the Commissioner of such of the functions of the Commissioner under
        this Ordinance as are relevant to the appeal and the Commissioner
        shall comply with any such direction;

   (f)  confirm, vary or reverse the decision that is appealed against or
        substitute therefor such other decision or make such other order as it
        may think fit; and

   (g)  make an award to the Commissioner or to the appellant 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.

(5) The Appeal Board shall have the powers which are vested in the Court of
First Instance in the exercise of its powers under subsection

(4). (Amended 25 of 1998 s. 2)

(6) Any person who is served with a summons under subsection (4) and who-

   (a)  on being summoned as a witness before the Appeal Board makes default
        in attending;

   (b)  being in attendance as a witness refuses to take an oath required by
        the Appeal Board to be taken, or to produce any document or other
        thing in his possession or control required by the Appeal Board to be
        produced by him, or to answer any question to which the Appeal Board
        may require an answer; or

   (c)  does any other thing which would, if the Appeal Board had been a court
        of law having power to commit for contempt, have been contempt of that
        court, commits an offence and is liable to a fine of $50000.

(7) A witness before the Appeal Board shall be entitled to the same immunities
and privileges as if he were a witness in civil proceedings before the Court
of First Instance. (Amended 25 of 1998 s. 2)

(8) Any sum awarded to the Commissioner under subsection (4)(g) shall be a
debt due from the appellant to the Government and recoverable in the District
Court and any sum payable by the Commissioner to the appellant under such an
award shall be charged on the general revenue. (Amended 59 of 2000 s. 3)

(9) The Chairman may determine any form or matter of practice or procedure for
which no provision is made in this Ordinance.