Hong Kong Ordinances

ADMINISTRATIVE APPEALS BOARD ORDINANCE - SECT 8

Provision where Chairman, Deputy Chairman or member absent

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 59 of 1999 s. 3

(1) If, for any period, the Chairman is precluded by illness, absence from
Hong Kong or any other cause from exercising his functions, the Chief
Executive may appoint any Deputy Chairman to act as Chairman and as such to
exercise and perform all the functions of the Chairman during that period.
(Amended 59 of 1999 s. 3)

(2) If, for any period, a Deputy Chairman presiding at an appeal or a person
appointed by the Secretary under section 5(3)(b) to hear an appeal is
precluded by illness, absence from Hong Kong or any other cause from
exercising his functions, the Secretary may appoint any Deputy  Chairman or,
as the case may be, any other person from the panel referred to in
section 6(2) to act in his place and in so acting, to exercise and perform all
the functions of the Deputy Chairman so presiding or of that person, during
that period.

(3) The hearing of an appeal may, with the consent of the appellant and of the
respondent, continue notwithstanding a change in the membership of the Board.

(4) If the term of appointment of the Chairman or a Deputy Chairman presiding
at an appeal or of any person appointed by the Secretary under section 5(3)(b)
expires during the hearing of any appeal, the Chairman or such Deputy Chairman
or such person may continue to hear the appeal until the appeal is determined.
(Enacted 1994)