Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 8

Right of review

(1) Any objector referred to in section 7 aggrieved by a decision of the
Drainage Authority under section 7(4)(a) or (9) may, within 30 days of being
notified of the decision of the Drainage Authority, apply in writing to the
secretary to the Panel for a review of the Drainage  Authority's decision and
shall serve a copy of the application on the Drainage Authority.

(2) A written application for review under subsection (1) shall set out the
nature of and the grounds for the application.

(3) Where the Drainage Authority receives a copy of an application under
subsection (1), he shall, within 21 days of such receipt, send to the
secretary to the Panel and the applicant his written representation concerning
the application.

(4) Upon receipt of an application under subsection (1), the secretary to the
Panel shall fix a time and place for the review, which shall be a date not
more than 2 months after the receipt of the application and shall give at
least 14 days' notice thereof to the applicant and the Drainage Authority.

(5) On a review under this section, hearing of which shall, subject to
subsection (13), be held in public, the applicant or his authorized
representative and the Drainage Authority or his authorized representative may
attend before the Board and shall be given an opportunity to make
representations.

(6) If the applicant or his authorized representative does not attend at the
time and place fixed for the review, the Board may proceed with the review or
adjourn it.

(7) On a review under this section, the Board may-

   (a)  confirm the decision of the Drainage Authority;

   (b)  direct the Drainage Authority to consider making alterations to the
        original draft plan or the draft plan as altered under section 7(9),
        as the case may be.

(8) Where the Board is disposed to direct the Drainage Authority to consider
making alterations to the original draft plan or the draft plan as altered
under section 7(9), as the case may be, and it appears to the Board that the
alterations directed by the Board to be considered by the Drainage Authority
affect any land, other than land which appears to the Board to be of concern
to the applicant, the Board shall direct the Drainage Authority to publish a
notice of any such proposed alterations in the same manner as described in
section 7(5)(a).

(9) Any written objection received by the Drainage Authority within 30 days
after the first publication of a notice in the Gazette under subsection (8)
shall be considered at a meeting of the Board of which the applicant, the
Drainage Authority and all objectors to the proposed alterations are given at
least 14 days' notice.

(10) The applicant, the Drainage Authority and all objectors may attend the
meeting referred to in subsection (9), and may be heard in person or by their
authorized representatives.

(11) After hearing the applicant, the Drainage Authority and the objectors or
their authorized representatives at the meeting held under subsection (10),
the Board may-

   (a)  confirm the decision of the Drainage Authority;

   (b)  direct the Drainage Authority to consider making alterations to the
        original draft plan or the draft plan as altered under section 7(9),
        as the case may be.

(12) Where the Board confirms the decision of the Drainage  Authority or
directs the Drainage Authority to consider making alterations under subsection
(7) or (11), the chairman of the Board shall-

   (a)  notify in writing the applicant and the objector (if any) of the
        Board's decision and the reasons for that decision;

   (b)  send to the Secretary a report stating-

        (i)    the Board's decision as respects the application for review and
               the objection (if any) duly made under subsection (9); and

        (ii)   the reasons for that decision; and

   (c)  send a copy of the report as referred to in paragraph (b) to the
        Drainage Authority.

(13) Where the Board hearing a review, after consulting the parties to the
review, 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. (Enacted 1994)