Hong Kong Ordinances

ENTERTAINMENT SPECIAL EFFECTS ORDINANCE - SECT 39

Determination of appeal

(1) The Appeal Board shall conduct a hearing into the grounds for the
Authority's decision to which the appeal before it relates.

(2) The Chairman and 3 other members shall constitute a quorum at meetings of
the Appeal Board.

(3) Only members who have attended all meetings of the Appeal Board held for
the purpose of the appeal may take part in the determination of the
Appeal Board.

(4) Where the Chairman or a member of the Appeal Board is in any way directly
or indirectly interested in an appeal-

   (a)  in the case of the Chairman, he shall disclose the nature of his
        interest to the Secretary and the Secretary shall appoint an acting
        Chairman to hear the appeal;

   (b)  in the case of a member-

        (i)    he shall disclose the nature of his interest at a meeting of
               the Appeal Board;

        (ii)   the disclosure shall be recorded in the minutes of the Appeal 
               Board; and

        (iii)  he shall not, without the permission of the Chairman, take any
               part in any deliberation or determination of the Appeal Board
               in respect of that appeal.

(5) Where the Chairman does not permit a member of the Appeal Board who has
made a disclosure under subsection (4) to take part in the deliberation or
determination of the Appeal Board in respect of the appeal, the member shall
not be counted for the purpose of forming a quorum at any meeting of the
Appeal Board.

(6) If the number of members who may take part in the deliberation and
determination of the Appeal Board falls below the number required for a quorum
by subsection (2), the Chairman shall dissolve the Appeal Board and appoint
another Appeal Board.

(7) For the purpose of subsection (1), the Appeal Board hearing an appeal
shall have all the powers of the Authority in respect of the decision of the
Authority against which the appeal is made, and shall determine the appeal by
an order in writing-

   (a)  confirming or revoking;

   (b)  varying in such manner as it thinks fit; or

   (c)  substituting its own decision for, such decision.

(8) The Authority shall do all such things as are necessary to give effect to
an order under subsection (7).

(9) The Appeal Board may, in an order under subsection (7), give such
directions as it thinks fit with respect to the costs of the hearing of the
appeal to which the order relates and the costs of the Authority or of the
appellant.

(10) Any costs awarded or imposed by virtue of any directions referred to in
subsection (9) are recoverable as a civil debt.