Hong Kong Ordinances

ADMINISTRATIVE APPEALS BOARD ORDINANCE - SECT 11

Respondent to furnish information

(1) The respondent shall, within 14 days after the service upon him of a copy
of a notice of appeal under section 10, inform the Secretary in writing of the
name and address of any person, other than the appellant, who-

   (a)  is bound by the decision appealed against; or

   (b)  before the decision appealed against was made, had made
        representations to the respondent in relation to the subject-matter of
        that decision.

(2) A copy of a notice of appeal served under section 10 may be accompanied by
an order of the Chairman, made in such form as the Chairman may determine,
that the respondent shall within 28 days after the service upon him of a copy
of notice of appeal under section 10 lodge with the Secretary, the appellant
and any person of the description mentioned in subsection (1)(a)-

   (a)  a statement in writing relating to the decision that sets out-

        (i)    the reasons for the decision to which the appeal relates;

        (ii)   the policy, if any, relied upon by the respondent when such
               decision was made;

        (iii)  the particulars of any evidence or other thing considered and
               relied upon by the respondent when such decision was made;

        (iv)   the findings on material questions of fact relating to the
               decision;

        (v)    whether or not the appellant was made aware of the matters
               referred to in subparagraphs (i) to (iv) when such decision was
               made; and

   (b)  a description of every document or part of a document that is in the
        possession or under the control of the respondent-

        (i)    which is considered by him to relate to the appeal;

        (ii)   in respect of which he wishes to claim privilege as to
               disclosure, and the respondent shall, subject to section 14,
               comply with such order.

(3) Where a statement is lodged under subsection (2)(a) and-

   (a)  before the Board starts to hear the appeal, the Chairman; or

   (b)  after the Board starts to hear the appeal, the Board, considers that
        the statement does not contain adequate information, the Chairman or
        the Board, as the case may be, may order the respondent to serve on
        the appellant and any person of the description mentioned in
        subsection (1)(a), and to lodge with the Secretary within the time
        specified in the order, such other information as he or it may specify
        and the respondent shall, subject to section 14, comply with such
        order.

(4) Where, after the end of the period of 28 days mentioned in subsection (2)
and-

   (a)  before the Board starts to hear the appeal, the Chairman; or

   (b)  after the Board starts to hear the appeal, the Board, is of the
        opinion that a particular document described in a statement lodged
        under subsection (2)(b) or a document included in a particular class
        of documents and so described may be relevant to the appeal and a copy
        of that document has not been lodged with the Secretary by the
        respondent, the Chairman or the Board, as the case may be, may serve
        on the respondent a notice in writing stating that he or it is of that
        opinion and ordering the respondent to lodge with the Board, within
        the time specified in the notice, a copy of that document if it is in
        the possession or under the control of the respondent and the
        respondent shall, subject to section 14, comply with such order.
        (Enacted 1994)