Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 30

Constitution of a Drainage Appeal Board

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 61 of 1999 s. 3

(1) On receipt of an application for a review under section 8(1) or a notice
of appeal under section 28(1), the secretary to the Panel shall notify the
Chairman of the Panel who, subject to subsections (2), (3), (6) and (7), shall
nominate a Board.

(2) The Chairman of the Panel shall not nominate a Board to review any
decision of the Drainage Authority in question or hear an appeal or act as its
chairman if he has a direct or indirect interest in the outcome of the review
or the appeal.

(3) Subject to subsection (7), the Deputy Chairman of the Panel shall, in the
absence of the Chairman of the Panel or if the Chairman of the Panel has a
direct or indirect interest in the outcome of a review or an appeal, nominate
a Board to proceed with the review or to hear the appeal.

(4) Subsection (2) shall apply to the Deputy Chairman of the Panel as it
applies to the Chairman of the Panel.

(5) Subject to subsections (2), (4), (6) and (7), the Chairman or Deputy
Chairman of the Panel shall act as chairman of a Board.

(6) If the Chairman and Deputy Chairman of the Panel have a direct or indirect
interest in the outcome of a review or an appeal, the Chief Executive may
appoint another member of the Panel, who does not have a direct or indirect
interest in the review or the appeal, to nominate a Board to proceed with the
review or to hear the appeal and to act as chairman of the Board. (Amended 61
of 1999 s. 3)

(7) If the Chairman and Deputy Chairman of the Panel are precluded by illness
or absence from Hong Kong from exercising their functions, the Chief Executive
may appoint another member of the Panel to act as chairman of the Board.
(Amended 61 of 1999 s. 3)

(8) A solicitor or barrister may be present at any proceedings of a Board to
advise the chairman on any matter of law.

(9) A member of a Board, other than a person who is in full-time employment in
any office of remuneration under the Government, may be remunerated at such
rate as the Financial Secretary may determine from time to time or in any
particular case. (Amended 61 of 1999 s. 3) (Enacted 1994)