HKLII Hong Kong Ordinances

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ADMINISTRATIVE APPEALS BOARD ORDINANCE - SECT 17

Hearings to be in public except in special circumstances

(1) Subject to subsections (2) and (3), the hearing of an appeal to the Board
shall be in public.

(2) Where the Board hearing an appeal, after consulting the parties 
to the appeal, is satisfied that it is desirable to do so, it may by order-

   (a)  direct that a hearing or part of a hearing shall take place in private
        and give directions as to the persons who may be present; and

   (b)  give directions prohibiting or restricting the publication or
        disclosure to some or all of the parties to the appeal, or to some or
        all of the persons who may be present, of evidence given before the
        Board or of any matter contained in any document lodged with the Board
        or received in evidence by the Board, whether or not it has given
        directions under section 14 in respect of any such evidence, matter or
        document.

(3) In the making of an order under subsection (2), the Board, without
affecting the generality of that subsection, shall in determining whether or
not it is desirable to make an order, take into account any views of the
parties to the appeal, including the private interests of and any claim as to
privilege by any of those parties.

(4) For the purposes of this section, any question in relation to a claim by
any party as to privilege shall be a question of law. (Enacted 1994)



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