Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 28

Proceedings of Appeal Board

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) The Chairman shall preside at the hearing of an appeal under this Part.

(2) In hearing an appeal the Appeal Board may, in relation to such appeal,
give directions to the Authority with respect to the exercise by the Authority
of such of the functions of the Authority under this Ordinance as are relevant
to the appeal and the Authority shall comply with any such direction.

(3) In relation to the hearing of an appeal every question before the
Appeal Board shall be determined by the opinion of the majority of the members
hearing the appeal except that a question of law shall be determined by the
Chairman; in the case of an equality of votes the Chairman shall have a
casting as well as a deliberative vote.

(4) In the hearing of an appeal-

   (a)  any party shall be entitled to be heard either in person or through a
        counsel or solicitor, and if any party is a company, through any of
        its directors or other officers, or if a partnership, through any of
        its partners;

   (b)  the Appeal Board may-

        (i)    receive and consider such evidence as it considers relevant,
               whether or not it would be admissible in a court of law, and
               require evidence to be given on oath and either orally or in
               writing;

        (ii)   require the production of, admit or take into account any
               record, statement or other document or any information or
               matter whether or not it would be admissible in a court of law;

        (iii)  by notice in writing signed by the Chairman and served on the
               person to whom it is addressed, require that person to attend
               and give evidence before it and to produce such record or other
               document in his custody or under his control relating to the
               subject-matter of the appeal as may be specified in the notice;

        (iv)   confirm, vary, reverse or revoke the decision appealed against
               or substitute therefor such other decision or make such other
               order as it thinks fit;

        (v)    award costs to any party to the appeal, which costs shall be
               recoverable as a civil debt; and

        (vi)   exercise such other powers as may be necessary or ancillary to
               the carrying out of its functions under this Part.

(5) The Appeal Board shall have the powers which are vested in the Court of
First Instance in the exercise of its powers under subsection

(4). (Amended 25 of 1998 s. 2)

(6) Every decision of the Appeal Board shall contain a statement of the
reasons for its decision.

(7) The Appeal Board may order any party to an appeal to pay the costs and
expenses incurred by the Appeal Board in hearing and determining the appeal,
and any sum so ordered to be paid by any party shall be recoverable by the
person to whom they are payable as a civil debt.

(8) Subject to section 29 the determination by the Appeal Board of an appeal
under this Part or any award or order in respect of costs made by the
Appeal Board shall be final and shall not be subject to appeal.

(9) Any person who-

   (a)  refuses or fails-

        (i)    to attend and give evidence when required to do so by the
               Appeal Board; or

        (ii)   to take an oath when required by the Appeal Board to do so; or

        (iii)  to produce any record or other document in his custody or under
               his control and required by the Appeal Board to be produced by
               him; or

        (iv)   to answer truthfully and fully any question put to him by the
               Chairman or a member of the Appeal Board; or

   (b)  does any other thing which would, if the Appeal Board had been a court
        of law having power to commit for contempt, have been contempt of that
        court, commits an offence and is liable to a fine of $5000.

(10) The Chairman, the Appeal Board and its members, any witness, counsel or
solicitor before the Appeal Board, and any other person who is a party to or
who otherwise has an interest in the proceedings relating to the hearing of an
appeal under this Part shall have the same immunities and privileges as they
would have in proceedings before the Court of First Instance. (Amended 25 of
1998 s. 2)

(11) At the hearing of an appeal under this Part, the Chairman may administer
an oath to any person.

(12) The Chairman may determine any matter of practice or procedure relating
to the hearing of appeals under this Part where no provision governing such
matter is made in this Ordinance or regulations made under this Ordinance.