Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 28

Appeals

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2 PART V

APPEALS

(1) Any person aggrieved by a decision, requirement or determination of the
Drainage Authority under section 18, 20(1), 21(1), 26 or 27 may appeal to the
Board by sending a notice of appeal to the secretary of the Panel within 21
days after notification of the Drainage  Authority's decision, requirement or
determination.

(2) The grounds for an appeal against the Drainage Authority's decision under
section 18 shall be confined to the grounds for making an objection under
section 18(2).

(3) Upon receipt of a notice under subsection (1), the secretary to the Panel
shall fix a time and place for the hearing of the appeal, which shall be a
date not more than 2 months of the receipt of such notice and shall give at
least 14 days' notice thereof to the appellant and the Drainage Authority.

(4) The appellant and the Drainage Authority may appear before the Board in
person, where applicable, or by an authorized representative.

(5) If a person mentioned in subsection (4) fails to appear on the date set
for the hearing of an appeal, the Board may adjourn the hearing or proceed to
hear any other party entitled to appear and may make its decision without
hearing the absent party.

(6) At the completion of the hearing of an appeal, which, subject to
subsection (9), shall be held in public, against the Drainage  Authority's
decision under section 18 the Board may-

   (a)  confirm the decision appealed against; or

   (b)  order the Drainage Authority to make such alterations in connection
        with the proposed works as the Board thinks fit.

(7) At the completion of the hearing of any appeal, which, subject to
subsection (9), shall be held in public, against the Drainage  Authority's
requirement or determination under section 20(1), 21(1), 26 or 27, the Board
may confirm, reverse or vary the requirement or determination appealed
against.

(8) Where a notice of appeal under subsection (1) has been received by the
secretary to the Panel, or where a notice of appeal under section  33 (2) has
been received by the Court of First Instance, the Drainage  Authority shall
not execute drainage works under section 18(1), (3) or

(4), or exercise his power under section 20(1) or (2) or 21(1) or (2) within
or upon the land to which the notice of appeal refers until after the appeal
is determined by the Board or the Court of First Instance, at or after which
time the Drainage Authority shall act in accordance with the decision of the
Board or the Court of First Instance, as the case may be. (Amended 25 of 1998
s. 2)

(9) Where the Board hearing an appeal, after consulting the parties to the
appeal, is satisfied that it is desirable to do so, it may by order direct
that a hearing or part of a hearing shall take place in private and give
directions as to the persons who may be present.