Hong Kong Regulations

TOWN PLANNING (APPEALS) REGULATIONS - REGULATION 7

Abandonment and failure to appear

(1) The appellant may abandon the whole or any part of his appeal before the
date set for hearing or any adjourned date by giving the secretary to the
Appeal Board and the other party not less than 7 days' notice in writing of
his intention to abandon the whole or part of the appeal.

(2) If a party or his authorized representative fails to attend the hearing on
the day and at the time fixed, or at any adjourned hearing, the Appeal Board
may-

   (a)  if it is satisfied that the failure to appear is due to reasonable
        cause, adjourn the hearing to a date and time that it thinks fit;

   (b)  proceed to hear the appeal; or

   (c)  dismiss the appeal.

(3) If the Appeal Board dismisses an appeal under subregulation

(2)(c), an appellant may, within 14 days of the making of the order dismissing
the appeal, apply in writing to the secretary to the Appeal  Board for the
Appeal Board to review its decision.

(4) On a review under subregulation (3), the Appeal Board may, if it is
satisfied that the failure to appear was due to reasonable cause, set aside
the order and fix a date and time as it thinks fit for the hearing, and,
unless the parties agree, the date shall be not less than 14 days from the
date of the review.

(5) Unless a witness agrees to accept a shorter notice, the secretary to the
Appeal Board shall give any witness at least 7 days' notice of the date for
hearing set under subregulation (4). (Enacted 1991)