Hong Kong Ordinances

LAND SURVEY ORDINANCE - SECT 26

Publication of disciplinary orders

(Past version on 30/06/1997).

(1) Where a Disciplinary Board makes an order under section 25(1), then-

   (a)  subject to paragraphs (b) and (c), after the expiry of the period
        prescribed by Order 59, rule 4 of the Rules of the High Court (Cap  4
        sub. leg. A) for serving notice of appeal against the order;

   (b)  subject to paragraph (c), if the Court of Appeal on an application
        made within the period referred to in paragraph (a) extends that
        period, after the expiry of the period as so extended; or

   (c)  if an appeal is made within the period referred to in paragraph

   (a)  or the extended period referred to in paragraph (b) to the Court of
        Appeal against the order under section 27, after the appeal is finally
        determined, the Committee-

   (d)  shall publish a copy of the order or, if the order is varied on
        appeal, the order as so varied in at least 1 English and 1 Chinese
        language newspaper circulating daily in Hong Kong; and

   (e)  may publish the order or, if the order is varied on appeal, the order
        as so varied in any other publication or manner as the Committee
        thinks fit. (Replaced 10 of 2005 s. 107)

(2) Where an order is published under subsection (1), the Committee-

   (a)  shall publish with such order sufficient particulars to acquaint the
        public with the nature of the matter to which the order relates; and

   (b)  may publish with such order an account of the proceedings of the
        Disciplinary Board.

(3) No action in damages for defamation lies against any person as a result of
publishing an order and other particulars required or permitted under this
section.

(4) For the purposes of subsection (1)(c), an appeal to the Court of Appeal
shall be deemed to be finally determined when the earliest of the following
events occurs, whichever is applicable in the circumstances-

   (a)  when the appeal to the Court of Appeal is withdrawn or abandoned;

   (b)  when the specified period expires without an application for 
        leave to appeal having been made to the Court of Appeal;

   (c)  if, before the expiry of the specified period, an application 
        for leave to appeal is made to the Court of Appeal-

        (i)    when the application is withdrawn or abandoned;

        (ii)   if the application is refused, when the specified period
               expires without an application for leave to appeal having been
               made to the Court of Final Appeal; or

        (iii)  if the application is granted, when the appeal to the Court of
               Final Appeal is withdrawn, abandoned or disposed of; or

   (d)  if, before the expiry of the specified period, an application 
        for leave to appeal is made to the Court of Final Appeal-

        (i)    when the application is withdrawn, abandoned or refused; or

        (ii)   if the application is granted, when the appeal to the Court of
               Final Appeal is withdrawn, abandoned or disposed of. (Added 10
               of 2005 s. 107)

(5) In subsection (4)-

"application for leave to appeal" (上訴許可申請) means an application
made to the Court of Appeal or the Court of Final Appeal under section 24 of
the Hong Kong Court of Final Appeal Ordinance ( Cap 484) for leave to appeal
to the Court of Final Appeal from a judgment of the Court of Appeal;

"specified period" (指明限期)-

   (a)  in the case of an application for leave to appeal made to the Court of
        Appeal, means-

        (i)    subject to subparagraph (ii), the period of 28 days within
               which the notice of motion referred to in section 24(2) of the
               Hong Kong  Court of Final Appeal Ordinance ( Cap 484) is
               required to be filed; or

        (ii)   if, on an application made within the 28-day period referred to
               in subparagraph (i), the Court of Appeal extends that period,
               the period as so extended; or

   (b)  in the case of an application for leave to appeal made to the Court of
        Final Appeal, means-

        (i)    subject to subparagraph (ii), the period of 28 days within
               which the notice of motion referred to in section 24(4) of the
               Hong Kong  Court of Final Appeal Ordinance ( Cap 484) is
               required to be filed; or

        (ii)   if, on an application made within the 28-day period referred to
               in subparagraph (i), the Court of Final Appeal extends that
               period, the period as so extended. (Added 10 of 2005 s. 107)
               (Enacted 1995)

"application for leave to appeal" (上訴許可申請)

"specified period" (指明限期)