Hong Kong Ordinances

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   (d)  (Repealed 39 of 1997 s. 49) 5.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.) (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.) (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. Acetylating
        Substances (Control) Ordinance ( Cap 145) 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.) A
        question of interpretation or application of the Rules. 17.
        Subsidized Schools Provident Fund Rules ( Cap 279 sub. leg.) 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 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.) 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) 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
        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)
        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) 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 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.) 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 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) 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) 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 13
        of 2002 s. 9)

Time within which appeals are to be made

An appeal under any item mentioned in this Schedule shall be made within 28
days after receipt of notice of the decision to which the appeal relates.
(Enacted 1994)