Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 27

Constitution of Appeal Board

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 34 of 1999 s. 3

(1) Every appeal under section 26 shall be determined by the Appeal  Board
constituted under this section.

(2) The Appeal Board shall consist of the Chairman appointed under subsection
(4) and such number of persons, being not less than 2, from the panel referred
to in subsection (6) as the Chairman may, subject to subsection (3), appoint
to be members of the Appeal Board to hear any appeal.

(3) The Appeal Board shall not at any time consist of a majority of persons
who are public officers, and any public officer appointed under this section
to be a member of the Appeal Board shall in exercising his functions as such
member-

   (a)  act in his personal capacity only; and

   (b)  not be subject to any direction to which he might otherwise be subject
        in his capacity as a public officer.

(4) The Chief Executive shall appoint as Chairman of the Appeal  Board a
person who is qualified for appointment as a District Judge under section 5 of
the District Court Ordinance ( Cap 336). (Amended 34 of 1999 s. 3)

(5) Subject to subsection (8), the Chairman shall hold office for a term of 2
years but may be reappointed.

(6) The Chief Executive shall appoint a panel of persons whom he considers
suitable for appointment under this section as members of the Appeal Board
and, subject to subsection (8), such persons shall hold office for such period
as the Chief Executive may determine. (Amended 34 of 1999 s. 3)

(7) Notice of an appointment under subsection (4) or (6) shall be published in
the Gazette.

(8) The Chairman and any person appointed under subsection (6) may at any time
resign by notice in writing to the Chief Executive. (Amended 34 of 1999 s. 3)

(9) If the Chairman is precluded by illness, incapacity, absence from Hong
Kong or any other cause from exercising his functions, the Chief Executive may
appoint any person qualified for appointment as a District Judge under
section 5 of the District Court Ordinance ( Cap 336) to act as Chairman and as
such to exercise all the functions of the Chairman during the period of his
appointment. (Amended 34 of 1999 s. 3)

(10) If a person appointed by the Chairman under subsection (2) to hear an
appeal is precluded by illness, incapacity, absence from Hong Kong or any
other cause from exercising his functions, the Chairman may appoint any other
person from the panel referred to in subsection (6) to act in his place.

(11) The hearing of an appeal may be continued notwithstanding a change in the
membership of the Appeal Board. (Enacted 1994)