Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 50

Procedure on appeal

(1) In the hearing of an appeal, every question before the Appeal  Board shall
be determined by the opinion of the majority of the members hearing the appeal
except a question of law which shall be determined by the presiding officer,
and in the case of an equality of votes the presiding officer shall have a
casting vote.

(2) A party to an appeal shall be entitled to be heard—

   (a)  where the party is an individual, either in person or through a
        counsel or solicitor; or

   (b)  where the party is an organization, either through a counsel or
        solicitor or through—

        (i)    in the case of a Hong Kong company or other company or body
               corporate, any of its directors or other officers;

        (ii)   in the case of a partnership, any of its partners; and

        (iii)  in the case of any other organization, any of its officers.

(3) The Appeal Board may, if it sees fit, permit a party to an appeal to
submit written representations to the Appeal Board in lieu of the party
appearing at a sitting of the Appeal Board either in person or through a
counsel or solicitor or a director, officer or partner referred to in
subsection (2).

(4) Every sitting of the Appeal Board shall be held in public unless the
Appeal Board considers that in the interests of justice a sitting or part of a
sitting should not be held in public, in which case it may hold the sitting or
part of the sitting in private.

(5) After hearing an appeal, the Appeal Board shall determine the appeal by
upholding, varying or setting aside the enforcement notice and may make such
consequential orders as it considers necessary.

(6) The Appeal Board shall notify in writing the parties to the appeal of its
decision and the reasons for the decision.