Hong Kong Ordinances

ADMINISTRATIVE APPEALS BOARD ORDINANCE - SECT 21

Conduct of proceedings

(1) For the purposes of an appeal, the Board may-

   (a)  subject to this Ordinance and to rules made by the Chairman under
        section 30 determine its own procedure;

   (b)  receive and consider any material, whether by way of oral evidence,
        written statements, documents or otherwise, whether or not such
        material would be admissible in evidence in civil or criminal
        proceedings;

   (c)  by notice in writing signed by the Secretary, require any person to
        attend before it at any hearing and to give evidence and produce
        documents;

   (d)  administer oaths and affirmations;

   (e)  examine on oath, affirmation or otherwise any person attending before
        it and require such person to answer all questions put by or with the
        consent of the Board;

   (f)  determine the manner in which the material referred to in paragraph
        (b) shall be received;

   (g)  with the consent of the parties to the appeal, determine the appeal
        without an oral hearing on the basis of written submissions only;

   (h)  if it appears to the Board that the respondent has reversed the
        decision appealed against, determine the appeal summarily in favour of
        the appellant without a hearing and without calling on anyone to
        attend or to appear before it;

   (i)  adjourn the determination of any appeal as it may deem fit;

   (j)  subject to subsection (2), 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;

   (k)  subject to section 22, make an award to any of the parties to 
        the appeal of such sum, if any, in respect of the costs of and
        relating to the appeal;

   (l)  pay an allowance for the expenses of any witness summoned under this
        Ordinance;

   (m)  do all things-

        (i)    ancillary to the powers conferred by this section; or

        (ii)   reasonably necessary for the discharge of its functions under
               this Ordinance.

(2) The Board, in the exercise of its powers under subsection

(1)(j), shall have regard to any statement of policy lodged by the respondent
with the Secretary under section 11(2)(a)(ii), if it is satisfied that, at the
time of the making of the decision being the subject of the appeal, the
appellant was or could reasonably have been expected to be aware of the
policy.

(3) The Board, on the determination of any appeal, may order that the case
being the subject of the appeal as so determined be sent back to the
respondent for the consideration by the respondent of such matter as the Board
may order. (Enacted 1994)