Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 49

Composition of Appeal Board for purposes of appeal

(1) For the purposes of an appeal, the Appeal Board shall consist of—

   (a)  a presiding officer, who shall preside at the hearing of the appeal;
        and

   (b)  2 panel members selected by the presiding officer.

(2) Subject to subsections (3), (4) and (5), the Chairman or, if the Chairman
so determines, a Deputy Chairman selected by the Chairman shall act as
presiding officer.

(3) The Chairman shall not act as presiding officer if he has a direct or
indirect interest in the appeal.

(4) The Chairman shall not select a Deputy Chairman to act as
presiding officer if the Deputy Chairman has a direct or indirect interest in
the appeal.

(5) In the event that the Chairman and each Deputy Chairman has a direct or
indirect interest in an appeal, the Chief Executive may select a panel member
who is legally qualified and who does not have a direct or indirect interest
in the appeal to act as presiding officer.

(6) The presiding officer shall not select a panel member to hear an appeal if
the panel member has a direct or indirect interest in the appeal.

(7) If the term of appointment of the presiding officer or a panel  member
selected under subsection (1)(b) expires during the hearing of an appeal, the
presiding officer or panel member may continue to hear the appeal until the
appeal is determined.