Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 51

Powers of Appeal Board

(1) Subject to section 52 (privilege against disclosure) and section 55
(privileges and immunities of Appeal Board members and witnesses), in the
hearing of an appeal, the Appeal Board may—

   (a)  subject to subsection (2), receive and consider any material, whether
        by way of oral evidence, written statements, documents or otherwise,
        and whether or not it would be admissible in a court;

   (b)  by notice in writing signed by the presiding officer, summon any
        person—

        (i)    to produce to the Appeal Board any document that is relevant to
               the appeal and is in his custody or under his control; or

        (ii)   to appear before the Appeal Board and to give evidence relevant
               to the appeal;

   (c)  administer oaths and affirmations;

   (d)  require evidence to be given on oath or affirmation;

   (e)  make an award as to costs—

        (i)    against an appellant, if the Appeal Board is satisfied that he
               has conducted his case in a frivolous or vexatious manner; and

        (ii)   against any other party to the appeal, if the Appeal Board is
               satisfied that in all the circumstances of the case it would be
               unjust and inequitable not to do so;

   (f)  where the Appeal Board is satisfied that it is just and equitable to
        do so, require a party to the appeal to pay the costs of the
        Appeal Board in hearing the appeal;

   (g)  make an order prohibiting a person from publishing or otherwise
        disclosing any material the Appeal Board receives;

   (h)  make an order prohibiting the publication or other disclosure of any
        material the Appeal Board receives at a sitting, or part of a sitting,
        that is held in private; and

   (i)  make an order suspending the operation of an enforcement notice.

(2) Subsection (1)(a) shall not entitle a person to require the Appeal Board
to receive and consider any material that had not been submitted to or made
available to the Authority at any time before the enforcement notice under
appeal was served.

(3) Costs referred to in subsection (1)(e) and (f) are recoverable as a civil
debt.

(4) The Chairman may determine any matter of practice or procedure relating to
the hearing of appeals where no provision governing such matter is made in
this Ordinance or in any rules made under section 56

   (rules) .