Hong Kong Ordinances

PLANT VARIETIES PROTECTION ORDINANCE - SECT 35

Advice to court as to technical or specialised matters

(1) If a court is satisfied whether or not on the application of any party to
that appeal that any appeal under section 32 involves the consideration of
technical or specialised matters, and that it would be desirable for a person
with expert knowledge of those matters to be an adviser in relation to that
appeal, the following provisions shall apply-

   (a)  the court shall consult the parties to the appeal as to a suitable
        person to be an adviser in relation to the appeal;

   (b)  if the court and those parties agree on a suitable person, the court
        shall appoint that person to be an adviser in relation to that appeal;

   (c)  if the court and those parties do not agree on a suitable person, the
        court may appoint to be an adviser in relation to that appeal any
        person the court thinks suitable; and

   (d)  an adviser appointed under this subsection shall sit with the court
        during the appeal, but shall have no power of decision in relation to
        the appeal.

(2) A court may appoint 1 or more adviser under subsection (1) in respect of a
single appeal if satisfied that the nature of the technical or specialised
matters concerned so warrants.

(3) No appointment of an adviser under subsection (1) shall, in any
proceedings, be called into question on the grounds that the occasion for that
appointment had not arisen or had ceased.

(4) Every adviser appointed under subsection (1) is entitled to receive such-

   (a)  remuneration by way of fees or allowances, for his services as an
        adviser; and

   (b)  payment of travelling allowances or expenses in respect of time spent
        travelling in connection with undertaking services, as may be
        prescribed and any such remuneration or payment shall be charged on
        the general revenue.

(5) Subject to subsection (6) a court, after hearing an appeal under
section 32, may-

   (a)  confirm the decision appealed against; or

   (b)  modify or reverse that decision or any part of it.

(6) Nothing in subsection (5) authorizes a court to review any decision of the
Registrar, or any part of a decision of the Registrar, if no appeal has been
made against that decision or part.