Hong Kong Ordinances
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ADMINISTRATIVE APPEALS BOARD ORDINANCE - SCHEDULE SCHEDULE
Caution: This is a past version. See the current version here.
[sections 3, 4 & 22]
Item Ordinance Decision 1. Apprenticeship Ordinance ( Cap 47) A decision of
the Director of Apprenticeship or any public officer in the performance or
exercise of any function, duty or power under the Ordinance. 2.
Boilers and Pressure Vessels Ordinance ( Cap 56) (a) The revocation or
suspension of an appointment as a boiler inspector, air receiver inspector or
pressurized fuel container inspector under section 5A. (Amended 15 of 2002 s.
8)
(b) A decision of the Boilers and Pressure Vessels Authority on the issue
or endorsement of a certificate of competency under section 6(1)(a) or
(3A)(a). (Added 15 of 2002 s. 8)
(c) A decision of the Boilers and Pressure Vessels Authority to revoke or
amend a certificate of competency under section 6(4)(a) or (b), as the
case may be. (Added 15 of 2002 s. 8) 3. Employment Ordinance ( Cap 57)
A decision of the Commissioner for Labour under section 53(1) to
refuse to issue or renew or to revoke a licence to operate an
employment agency. 4. Factories and Industrial Undertakings Ordinance
( Cap 59) (a) An exemption by the Commissioner for Labour under
section 7(4) of an industrial undertaking from any regulation.
(b) An order by the Commissioner for Labour under section 7(4), for an
industrial undertaking to adopt special precautions in addition to any
precautions required by any regulation.
(c) Under section 9A-
(i) the issue by the Commissioner for Labour of a prohibition notice in
respect of a notifiable workplace;
(ii) a refusal by the Commissioner for Labour to cancel a prohibition
notice;
(iii) the giving by the Commissioner for Labour of any direction upon the
cancellation of a prohibition notice.
(d) (Repealed 39 of 1997 s. 49) 5. Quarries (Safety) Regulations ( Cap 59
sub. leg. F) (a) A refusal by the Commissioner for Labour to approve
any person as a supervisor or deputy supervisor under regulation 4(1)
or 6(1).
(b) A withdrawal by the Commissioner for Labour of his approval of a
supervisor or deputy supervisor under regulation 10(1). 6.
Factories and Industrial Undertakings (Safety Officers and Safety
Supervisors) Regulations ( Cap 59 sub. leg. Z) (a) A refusal by the
Commissioner for Labour to register a person as a safety officer under
regulation 7.
(b) The cancellation by the Commissioner for Labour of a person's
registration as a safety officer under regulation 9.
(c) The suspension by the Commissioner for Labour of a person's
registration as a safety officer under regulation 10.
(d) A refusal by the Commissioner for Labour to renew or revalidate a
person's registration as a safety officer under regulation 7B. (Added
L.N. 100 of 2002) 7. Weights and Measures Ordinance ( Cap 68) A
decision of the Commissioner, as defined in section 2, or of an
authorized officer which is taken in the exercise or performance of
any function under the Ordinance. 8. Miscellaneous Licences Ordinance
( Cap 114) The decision under section 5 of any officer authorized to
issue a licence under the Ordinance as to the grant of a licence, the
renewal of a licence or the revocation of a licence. 9.
Control of Chemicals Ordinance ( Cap 145)
(Amended 23 of 2002 s. 14) A decision of the Commissioner, as defined in
section 2(1), under the Ordinance, relating to-
(a) the issue of a licence or permit;
(b) the refusal to issue a licence or permit;
(c) the cancellation or suspension of a licence or permit;
(d) the cancellation or variation of any condition or the specification of
a new condition in a licence or permit. 10. Gambling Ordinance (
Cap 148) The decision under section 22 of the Commissioner for
Television and Entertainment Licensing as to the grant of a licence,
the renewal of a licence, the imposition of conditions of a licence or
the cancellation of a licence. 11. Chinese Temples Ordinance (
Cap 153) (a) The refusal by the Chinese Temples Committee under
section 4 to grant an exemption from section 4(1).
(b) The withdrawal by the Chinese Temples Committee under section 4 of an
exemption granted under section 4(1). 12. Weapons Ordinance ( Cap 217)
A decision of the Commissioner of Police under section 9(1) to order
the delivery up to him or seizure of any martial arts weapon. 13.
Travel Agents Ordinance ( Cap 218) A decision of the Registrar of
Travel Agents-
(a) to refuse to grant a licence under section 12(1);
(b) to impose conditions on a licence under section 11(1) or 18;
(c) to refuse consent to a change of ownership or control under section
18 (c);
(d) to suspend or revoke a licence under section 19. 14.
Firearms and Ammunition Ordinance ( Cap 238) (a) A decision of the
Commissioner of Police refusing to grant a licence under section 30 or
to renew a licence under section 32.
(b) A decision of the Commissioner of Police, under section 33, cancelling
a licence or varying or revoking any condition attached thereto or
adding any further condition or deleting any premises from a dealer's
licence at which business may be carried on.
(c) The imposition of a condition of licence which is considered to be
unreasonable.
(d) A decision of the Commissioner referred to in section 34(1AA). (Added
14 of 2000 s. 33)
(e) The imposition of a term or condition under section 4(3), 12(4),
12A(3), 27A(1), 29 or 46C(3), which is considered to be unreasonable.
(Added 14 of 2000 s. 33) 15. Massage Establishments Ordinance (
Cap 266) A decision of the licensing authority under section 6, 7, 8
or 9. 16. Grant Schools Provident Fund Rules ( Cap 279 sub. leg. C) A
question of interpretation or application of the Rules. 17.
Subsidized Schools Provident Fund Rules ( Cap 279 sub. leg. D) A
decision of the Board under the Rules. 18. Mining Ordinance ( Cap 285)
The cancellation of an Authorized Buyer's Licence under section 41.
19. Mining (General) Regulations ( Cap 285 sub. leg. A) A decision of
the Commissioner of Mines under regulation 30(4A)(a) specifying the
rate per tonne at which royalty shall be payable in respect of
minerals and the period for which it shall be payable. 20.
Dangerous Goods Ordinance ( Cap 295) A decision under section 9 of an
officer authorized under the Ordinance to issue a licence-
(a) to refuse to grant a licence;
(b) to refuse to renew a licence; or
(c) to revoke a licence. 21. Dangerous Goods (General) Regulations (
Cap 295 sub. leg. B) Prohibiting or imposing conditions on the
continued use of a storage tank under regulation 127. 22.
Business Registration Ordinance ( Cap 310) (a) The service of a notice
under section 3(4) by the Commissioner of Inland Revenue that a person
is to be deemed to be a person carrying on business.
(b) The service of a notice under section 3(4AA) by the Commissioner of
Inland Revenue that a person is to be deemed to be a person carrying
on business at a branch of a business.
(c) The service of a notice under section 6(4D) by the Commissioner of
Inland Revenue requesting a person to make an application for
registration under a different name. (Amended 3 of 1999 s. 19)
(d) The service of a notice under section 9(5) by the Commissioner of
Inland Revenue that an exemption is not granted. (Added 23 of 2002 s.
14) 23. Motor Vehicles (First Registration Tax) Ordinance ( Cap 330) A
decision of the Commissioner for Transport under the Ordinance. 24.
Animals (Control of Experiments) Ordinance ( Cap 340) A refusal to
issue a licence, endorsement or permit under section 7, 8, 9, 10 or
14. 25. Chinese Permanent Cemeteries Rules ( Cap 1112 sub. leg. A) A
decision of the Board of Management of the Chinese Permanent
Cemeteries not to withdraw a notice in rule 12(2) regarding reversion
of a subscriber lot to the Board.
Note: The Board of Management of the Chinese Permanent Cemeteries is specified
for the purpose of section 22(5) of this Ordinance. 26.
Sewage Services Ordinance ( Cap 463) A decision of the Drainage Authority
under the Ordinance. (Added 105 of 1994 s. 15) 27. Timber Stores Ordinance (
Cap 464) A decision of the Director relating to-
(a) an application for a licence under section 4;
(b) an application for transfer of a licence under section 5;
(c) the revocation, suspension, refusal to renew or transfer; amendment or
variation of conditions of a licence under section 8. (Added 11 of
1995 s. 23) 28. Marine Parks Ordinance ( Cap 476) A decision of the
Country and Marine Parks Authority under section 11 or 22 of the
Ordinance. (Added 37 of 1995 s. 36) 29.
Personal Data (Privacy) Ordinance ( Cap 486) A decision of the Privacy
Commissioner for Personal Data-
(a) to impose conditions on his consent to the carrying out of a matching
procedure under section 32(1)(b)(i);
(b) to refuse to consent to the carrying out of a matching procedure under
section 32(1)(b)(ii);
(c) to refuse under section 39(3) to carry out or continue an
investigation initiated by a complaint;
(d) not to delete under section 46(5) a matter from a report under the
Ordinance;
(e) not to serve an enforcement notice under section 47;
(f) to serve an enforcement notice under section 50. (Added 81 of 1995 s.
73) 30. Dutiable Commodities Ordinance ( Cap 109) A decision of the
Commissioner of Customs and Excise under section 7, 26, 26A or 29.
(Added 46 of 1996 s. 43) 31. Dogs and Cats Ordinance ( Cap 167) (a) A
decision by a police officer or an authorized officer under
section 6(1)(c)(i) or (ii) to destroy a dog.
(b) A decision by an authorized officer under section 9 in specifying the
place or period of detention of a dog or cat or any other thing under
this Ordinance.
(c) A decision by an authorized officer under section 10 to vary the
period of detention of a dog or cat or any other thing under this
Ordinance.
(d) A decision by an authorized officer under section 11(1) to refuse an
application for the removal from detention under this Ordinance of a
dog or cat or any other thing.
(e) A decision by the Director under section 11(2) to order the forfeiture
of a dog or cat or any other thing.
(f) A decision by the Director under section 17(2) to impose any condition
in granting an exemption under section 17. (Added 97 of 1997 s. 11)
32. Road Traffic (Registration and Licensing of Vehicles) Regulations
( Cap 374 sub. leg. E) A decision of the Commissioner for Transport
under regulation 12L(1). (Added 25 of 2005 s. 40) 33.
Child Care Services
Ordinance ( Cap 243)
A decision of the Director of Social Welfare-
(a) under section 7(2), refusing an application for registration;
(b) under section 9, cancelling a registration;
(c) under section 11B(3), refusing an application for exemption from
registration;
(d) under section 11D, revoking an exemption from registration;
(e) under section 15B(2), determining a person to be unsuited to act as a
childminder;
(f) under section 15C(4), refusing a request for the issue of a
certificate;
(g) under section 15D(4), refusing to make a declaration that a person
should no longer be deemed unsuited to act as a childminder. (Added 38
of 1997 s. 19) 34. Wild Animals Protection Ordinance ( Cap 170) A
decision of the Director in relation to-
(a) the granting of or the refusal to grant a permit or a special permit
pursuant to section 13 or 15; or
(b) the cancellation of a permit or a special permit under section 15A.
(Added 77 of 1996 s. 22) 35. Occupational Safety and Health Ordinance
( Cap 509) A decision of the Commission for Labour under Part III.
(Added 39 of 1997 s. 49) 36. Ozone Layer Protection Ordinance (
Cap 403) A decision of the Director of Environmental Protection under
section 5, 6 or 7 or under provisions of the regulations that may be
specified to be subject to an appeal under section 8. (Added 6 of 1997
s. 10) 38. Freight Containers (Safety) Ordinance ( Cap 506) A decision
of the Director-
(a) (Repealed 14 of 2006 s. 20)
(b) under section 9, that an approval shall no longer be valid;
(c) under section 12 or 13, in an application for approval of an
examination procedure;
(d) under sections 14 to 16, in relation to control of the use of a
container;
(e) under section 23, in relation to an application for the review of a
decision of an authorized person;
(f) under section 25, in relation to any request for exemption under that
section. (Added 32 of 1997 s. 29) 39.
Volunteer and Naval Volunteer Pensions Ordinance ( Cap 202) A decision
in a review under section 22. (Added 56 of 1997 s. 7) 40.
Child Care Services Regulations ( Cap 243 sub. leg. A) A decision of
the Director of Social Welfare under regulation 4 refusing an
application for inclusion in a register or removing the name of a
person from a register. (Added L.N. 272 of 1997. Amended 32 of 2000 s.
37) 41. Prevention of Copyright Piracy Ordinance ( Cap 544) A decision
of the Commissioner of Customs and Excise under section 11 or 12 of
the Ordinance. (Added 22 of 1998 s. 43) 42. Education Ordinance
( Cap 279) (a) An attendance order made under section 74(1).
(b) A variation of an attendance order made under section 74(2). (Added 8
of 2001 s. 31) 44. Dangerous Dogs Regulation
( Cap 167 sub. leg. D) A direction by an authorized officer under section 14
of the Regulation. (Added L.N. 185 of 2000) 45.
Factories and Industrial Undertakings (Safety Management) Regulation ( Cap 59
sub. leg. AF) (a) A decision of the Commissioner for Labour to refuse to
register a person under section 6 or to register a person under that section
subject to conditions.
(b) A decision of the Commissioner for Labour under section 24(1) to
require the appointment of a new safety review officer.
(c) A decision of the disciplinary board under section 29(2) to reprimand
a registered person, cancel the registration of a registered person or
suspend the registration of a registered person. (Added L.N. 298 of
1999) 46. Port Control (Cargo Working Areas) Regulations ( Cap 81 sub.
leg. A) A decision of the Director or the supervisor under regulation
4A(4), 5B, 6AA, 7, 7A, 7B, 7C, 7D, 7E, 13 or 21. (Added L.N. 280 of
1999) 47. Karaoke Establishments Ordinance ( Cap 573) A decision of
the Secretary for Home Affairs or the Director of Food and
Environmental Hygiene (as the case may be) under section 5, 6, 8, 9 or
10. (Added 22 of 2002 s. 22) 48.
Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing)
Ordinance ( Cap 566) A determination or decision of the Director of
Social Welfare under section 6(2)(b), 8(3)(b), 9(3)(b) or 14. (Added
10 of 2001 s. 33) 49. Road Traffic Ordinance ( Cap 374) A decision of
the Commissioner of Police under section 55(3). (Added 3 of 2002 s.
17) 50. Dutiable Commodities Regulations ( Cap 109 sub. leg A) A
forfeiture of security under regulation 27(2). (Added 23 of 2002 s.
14) 51. Security and Guarding Services Ordinance ( Cap 460) A decision
under section 14(5), 15(3), 16(4), 18(4), 21(2), 23(4), 24(4), 24A(13)
or 25(4). (Added 23 of 2002 s. 14) 52.
Merchant Shipping (Seafarers) Ordinance ( Cap 478) A decision of the
Superintendent of the Mercantile Marine Office-
(a) to refuse to grant a permit;
(b) to impose any condition under section 52(3);
(c) to refuse to approve any person for the purposes of section 57(1); or
(d) to cancel a permit. (Added 23 of 2002 s. 14) 53.
Merchant Shipping (Seafarers) (Certification of Officers) Regulation (
Cap 478 sub. leg. J) A decision of the Seafarers' Authority under
section 8 (2) or 10(2) to refuse to issue a certificate or licence.
(Added 23 of 2002 s. 14) 54. Merchant Shipping (Seafarers)
(Tankers-Officers and Ratings) Regulation ( Cap 478 sub. leg. K) A
decision of the Seafarers' Authority to refuse to make an entry
referred to in section 5(2) or (3) in an employment registration book,
service record book or discharge book. (Added 23 of 2002 s. 14) 55.
Merchant Shipping (Seafarers) (Engine Room Watch Ratings) Regulation (
Cap 478 sub. leg. V) A decision of the Seafarers' Authority to refuse
to issue an Engine Room Watch Rating Certificate under section 5(1).
(Added 23 of 2002 s. 14) 56.
Merchant Shipping (Seafarers) (Navigational Watch Ratings) Regulation
( Cap 478 sub. leg. W) A decision of the Seafarers' Authority to
refuse to issue a Navigational Watch Rating Certificate under
section 5(1). (Added 23 of 2002 s. 14) 57. Merchant Shipping
(Seafarers) (Certificates of Competency as A.B.) Rules ( Cap 478 sub.
leg. Y) A decision of the Seafarers' Authority-
(a) under section 6(3) to refuse an application for the grant of a
certificate of competency as A.B.; or
(b) under section 10 (whether to confirm, vary or reverse the decision
concerned of the examiner or to substitute another decision for that
decision). (Added 23 of 2002 s. 14) 58. Merchant Shipping (Seafarers)
(Certificates of Proficiency in Survival Craft, Rescue Boats and Fast
Rescue Boats) Rules ( Cap 478 sub. leg. Z) A decision of the
Seafarers' Authority-
(a) to refuse to issue a certificate of proficiency in survival craft and
rescue boats under section 4;
(b) to refuse to issue a certificate of proficiency in fast rescue boats
under section 4A; or
(c) to cancel a certificate of proficiency in survival craft and rescue
boats or a certificate of proficiency in fast rescue boats under
section 7 (2). (Added 23 of 2002 s. 14) 59.
Marine Fish Culture Ordinance ( Cap 353) A decision of the Director of
Agriculture, Fisheries and Conservation-
(a) to refuse to grant or renew a licence under section 8(6);
(b) to refuse to approve the transfer of a licence under section 8A(3)(b);
(c) to cancel a licence under section 9(1);
(d) to refuse to grant a permit under section 14(1);
(e) to cancel or refuse to renew a permit under section 14(2). (Added 10
of 2005 s. 230) 60. Land (Miscellaneous Provisions) Ordinance (
Cap 28) A decision of the Director of Highways under section 10M(13)
relating to an assessment made under section 10M(1)(d), (g), (h) or
(i). (Added 17 of 2003 s. 15) 61. Adoption Ordinance ( Cap 290) A
decision of the Director of Social Welfare-
(a) on the assessment of a person's suitability to be an adoptive parent;
(b) to terminate a placement;
(c) on a person's application to become or continue to be an accredited
body; or
(d) to suspend or revoke a person's status as an accredited body,
as referred to in section 30. (Added 28 of 2004 s. 35) 62.
Medical Clinics Ordinance ( Cap 343) (a) A refusal by the Registrar of Clinics
under section 8 to grant or renew an exemption in respect of a clinic.
(b) A cancellation by the Registrar of Clinics under section 8 of an
exemption granted in respect of a clinic.
(c) An order by the Registrar of Clinics under section 11 to refuse an
application for the registration of a clinic or to cancel the
registration of a clinic. (Added 10 of 2005 s. 7) 63.
Protection of Endangered Species of Animals and Plants Ordinance (
Cap 586) A decision of the Director of Agriculture, Fisheries and
Conservation, the Deputy Director of Agriculture, Fisheries and
Conservation or an Assistant Director of Agriculture, Fisheries and
Conservation relating to-
(a) the refusal to issue a licence under section 23;
(b) an application to extend or renew a licence under section 24;
(c) an application to vary a licence under section 24;
(d) any condition specified in a licence issued under section 23 or
extended, renewed or varied under section 24; or
(e) the cancellation of a licence under section 26. (Added 3 of 2006 s.
58) 64.
Merchant Shipping (Security of Ships and Port Facilities) Ordinance (
Cap 582) A decision of the Director of Marine under section 7(1)(a) or
(c) or 8(2). (Added 13 of 2004 s. 18) 65.
Merchant Shipping (Security of Ships and Port Facilities) Rules ( Cap
582 sub. leg. A) A decision of the Director of Marine under rule
27(1). (Added L.N. 130 of 2004) (Enacted 1994)
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