Hong Kong Ordinances

ADMINISTRATIVE APPEALS BOARD ORDINANCE - SECT 4

Amendment of Schedule

Caution: This is a past version. See the current version here.

(1) The Governor in Council may, by order, amend the Schedule.

(2) An order made under subsection (1) shall be published in the Gazette.

(3) Without affecting the generality of subsection (1), the power of the
Governor in Council to amend the Schedule shall include a power-

   (a)  to delete an Ordinance from the Schedule;

   (b)  to add an Ordinance to the Schedule;

   (c)  to amend an Ordinance mentioned in the Schedule;

   (d)  to amend an Ordinance at the same time that it is added to the
        Schedule;

   (e)  in the case of any amendment of the description mentioned in paragraph
        (c) or (d), to amend that Ordinance so as to, and only so as to-

        (i)    substitute the Board for any person to whom an appeal may be
               made under or by virtue of that Ordinance;

        (ii)   provide that any person bound by a decision shall be furnished
               with a statement in writing which sets out- (A) the reasons for
               the decision; (B) the policy, if any, relied upon by the person
               who made the decision when the decision was made;

        (iii)  prescribe or, not prescribe a period within which an appeal may
               be made;

        (iv)   provide that a decision that is appealed against shall be
               suspended in its operation as from the day on which notice of
               the appeal is lodged with the Secretary under this Ordinance
               until such appeal is disposed of, withdrawn or abandoned unless
               the advice or notice of the decision given to any person bound
               by the decision is accompanied by a statement in writing to the
               effect that, in the opinion of the person who made the
               decision, such suspension would be contrary to the public
               interest;

   (f)  for the purposes of section 22(5), to add a note to the Schedule or to
        amend or repeal any note mentioned in it.

(4) An order under this section may contain such incidental, consequential,
supplemental and transitional provisions as may be necessary or expedient for
the purpose of giving effect to the order. (Enacted 1994)