Hong Kong Ordinances

HOUSING MANAGERS REGISTRATION ORDINANCE - SECT 28

Appeal to Court of Appeal

(Past version on 26/11/1999).

PART V

APPEALS

(1) Any person who is aggrieved by any decision or order made in respect of
him under section 14(1), 15(5), 19(1) or 23(1) may appeal to the Court of
Appeal.

(2) The Court of Appeal may affirm, reverse or vary the decision or order
appealed against. (Amended 10 of 2005 s. 129)

(3) Where a person appeals against an order of an inquiry  committee, the
Court of Appeal shall consider the reasons of the inquiry  committee and of
the review committee and submissions upon the findings of fact and law of the
inquiry committee made on behalf of the parties to the inquiry and may call
for the original record of the evidence taken and any document put in evidence
before the inquiry committee. (Amended 10 of 2005 s. 129)

(4) The Court of Appeal may, upon special grounds being shown, consider any
additional evidence not adduced before the inquiry committee.

(5) (Repealed 10 of 2005 s. 124)

(6) The practice in relation to any appeal shall be subject to any rules of
court made under the High Court Ordinance ( Cap 4).

(7) The Court of Appeal shall not have power to hear any appeal against a
decision or order made under section 14(1), 15(5), 19(1) or 23(1) unless-

   (a)  in the case of a decision made under section 14(1), 15(5) or 19(1),
        notice of such appeal is given within 3 months after the applicant is
        notified in writing of the decision;

   (b)  in the case of an order made under section 23(1), notice of such
        appeal is given within 3 months of the service of the order under
        section 26.

(8) In deciding any appeal under this section the Court of Appeal may make
such order for the payment of costs as it considers reasonable.