Hong Kong Ordinances

ADMINISTRATIVE APPEALS BOARD ORDINANCE - SECT 14

Privilege against disclosure

(1) A respondent shall, for the purposes of an appeal, have the same
privileges in respect of disclosure of information, particulars and documents
as if the proceedings were proceedings before a court of law; and the Board
may, on the application of the appellant or of any person of the description
mentioned in section 11(1)(a), give directions relating to-

   (a)  the disclosure to the appellant or to any such person of any
        information, matter or particular referred to in section 11 or 12; or

   (b)  the provision or the production to the appellant or to any such person
        of a document or part of a document or a copy of a document or a copy
        of part of a document referred to in section 11 or 13; or

   (c)  the inspection by the appellant or by any such person of any such
        document, copy or part.

(2) An appellant and any person of the description mentioned in
section 11(1)(a) shall, for the purposes of an appeal, have the same
privileges in respect of disclosure of information, particulars and documents
as if the proceedings were proceedings before a court of law; and the Board
may, on the application of any of the parties to the appeal, give directions
relating to-

   (a)  the disclosure to any such party of any information, matter or
        particular referred to in section 12; or

   (b)  the provision or the production to any such party of a document or
        part of a document or a copy of a document or a copy of part of a
        document referred to in section 13; or

   (c)  the inspection by any such party of any such document, copy or part.

(3) The Board shall not give directions under this section without affording
the party in respect of whom the directions are to be given an opportunity to
make representations to it.

(4) For the purposes of this section, the question, in any particular case-

   (a)  as to whether the Board should give directions under this section; and

   (b)  where the Board gives directions, as to whether those directions were
        properly given, shall be a question of law. (Enacted 1994)