Hong Kong Ordinances

ADMINISTRATIVE APPEALS BOARD ORDINANCE - SCHEDULE SCHEDULE

(Past version on 01/08/2007).
(Past version on 02/01/2007).
(Past version on 01/12/2006).
(Past version on 10/11/2006).
(Past version on 10/03/2006).
(Past version on 25/01/2006).
(Past version on 08/07/2005).
(Past version on 29/06/2004).
(Past version on 25/06/2004).
(Past version on 01/04/2004).
(Past version on 08/01/2003).
(Past version on 19/07/2002).
(Past version on 14/06/2002).
(Past version on 07/06/2002).
(Past version on 08/03/2002).
(Past version on 01/06/2001).
(Past version on 28/06/2000).
(Past version on 17/06/2000).
(Past version on 09/06/2000).
(Past version on 01/04/2000).
(Past version on 11/06/1999).
(Past version on 01/04/1999).
(Past version on 29/05/1998).
(Past version on 30/09/1997).
(Past version on 30/06/1997).


[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)
37.	Human Reproductive Technology Ordinance (Cap 561)	(a) A determination of the 
Council on Human Reproductive Technology referred to in section 28(5) to 
which section 28(6) applies.
		(b) The suspension of a licence under section 29.  (Added 47 of 2000 s. 48)
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)
43.	Merchant Shipping (Local Vessels) Ordinance (Cap 548)	 A decision of the 
Director of Marine-
		(a) to refuse to authorize under section 7 a person as a surveyor;
		(b) to attach conditions to an authorization under section 7;
		(c) to revoke an authorization under section 7;
		(d) to serve a detention order;
		(e) to give a direction under section 53(1)(a);
		(f) to refuse to comply with a request under section 54(2);
		(g) to refuse to grant permission under section 66;
		(h) to attach conditions to a permission under section 66;
		(i) to revoke a permission under section 66;
		(j) to give a direction specified in an improvement notice under section 
73(1).  (Added 43 of 1999 s. 91)
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)
66.	Accreditation of Academic and Vocational Qualifications Ordinance (Cap 
592)	A decision of the Secretary for Education and Manpower-
		(a) not to re-appoint an assessment agency under section 8(1);
		(b) on the length of a term of re-appointment specified under section 
8(1)(b);
		(c) to impose any conditions or restrictions under section 8(1)(c) in 
re-appointing an assessment agency; and
		(d) to cancel an appointment or re-appointment under section 8(5).  (Added 
6 of 2007 s. 51)
(Enacted 1994)