Hong Kong Regulations
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REGISTRATION OF PERSONS REGULATIONS - SCHEDULE 4
APPEALS TO REGISTRATION OF PERSONS TRIBUNAL
[regulation 26A]
1. Copy of notice of appeal to be delivered
to Commissioner of Registration
On receipt of a notice of appeal from an appellant, the Tribunal shall, as soon as practicable, provide the Commissioner of Registration with a copy of such notice.
2. Appeals to be heard without delay
The Tribunal shall hear and decide every appeal as expeditiously as is practicable, and for that purpose may sit at any time.
3. Appeal to be heard by 2 adjudicators
(1) Subject to subparagraph (2), an appeal to the Tribunal shall be heard and determined by 2 adjudicators sitting together.
(2) The Tribunal shall allow an appeal if either or both of the adjudicators hearing the appeal consider that the appeal should be allowed under section 3D(4) of the Ordinance.
4. Tribunal not confined to matters set
The Tribunal may consider any matter and evidence which appears to the Tribunal to be relevant to the ground of appeal permitted by the Ordinance notwithstanding the omission of any reference to such matter in the notice of appeal, and may receive and consider any evidence which appears to it to be relevant to the issues before it notwithstanding that the evidence would not be admissible in a court of law.
5. Respondent
The Commissioner of Registration shall be the respondent to an appeal and may be represented by a registration officer, counsel or a solicitor.
6. Representation of appellant
An appellant may be represented by counsel, a solicitor or such other representative authorized by the appellant as may be approved by the Tribunal.
7. Respondent to prepare facts of case for Tribunal
The respondent shall, as soon as practicable after a notice of appeal is provided to him under paragraph 1-
(a) prepare a written summary of the facts of the case and setting out-
(i) the reasons for the refusal of a registration officer to issue a permanent identity card to the appellant; or
(ii) the reasons for the registration officer to declare a permanent identity card issued to the appellant to be invalid; and
(b) deliver copies of that written summary by post or otherwise to the appellant at his last known address and to the Tribunal.
8. Notice of hearing
The Tribunal shall inform the respondent and the appellant by notice in writing the time and place of the hearing.
9. Witnesses and evidence
(1) The Tribunal may, on the application of an appellant or of the respondent, or on its own motion, by summons require any person to attend as a witness at the hearing of an appeal at such time and place as may be specified in the summons, and at the hearing to answer any questions, to give evidence or produce any documents in that person's possession, custody or power which may relate to any issue in the appeal.
(2) (a) Notwithstanding subparagraph (1), no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings in a court of law.
(b) Nothing in this subparagraph shall entitle any person to refuse to give any evidence or to produce any document on the ground only that such evidence or document would not be admissible in a court of law and that accordingly he could not be compelled to give or produce it.
(3) The Tribunal may require any witness to give evidence on oath or affirmation.
(4) For the purpose of this paragraph, the Tribunal and any adjudicator shall have the same powers in relation to witnesses as a magistrate has under sections 21 and 22 of the Magistrates Ordinance (Cap 227) in proceedings under Part II of that Ordinance, and a summons to a witness shall be in such form as the chief adjudicator may determine.
(5) (a) The Tribunal may allow in respect of a witness who attends at the hearing of an appeal to give evidence (including professional or expert evidence) a professional witness allowance, expert witness allowance or loss allowance, as the case may be, not exceeding the professional witness allowance, expert witness allowance or loss allowance that a magistrate may allow under the Criminal Procedure (Witnesses' Allowances) Rules (Cap 221 sub. leg. B) in respect of a witness who attends to give evidence in criminal proceedings.
(b) Any sum allowed under subparagraph (a) shall cease to be payable unless claimed within 3 months from the date on which it was allowed.
10. Transfer of hearing to other adjudicators
(1) Where an appeal has not been determined by the adjudicators hearing it by reason of the illness, or the absence from Hong Kong, of one or both of those adjudicators or for some other cause, the chief adjudicator shall make arrangements, if he is of the opinion that it is not practicable for the appeal to be determined by those adjudicators, or determined without undue delay by those adjudicators, for the appeal to be dealt with by one of those adjudicators and another adjudicator or 2 other adjudicators; and the appeal may be dealt with accordingly.
(2) Where the adjudicators hearing an appeal consider that the appeal should, for any reason, be dealt with by one of them and another adjudicator, or by 2 other adjudicators, they may make arrangements for the appeal to be so dealt with; and the appeal may be dealt with accordingly.
11. Hearing in absence of appellant
The Tribunal may hear an appeal in the absence of the appellant-
(a) if the appellant refuses or declines to appear when given the opportunity to do so; or
(b) if the Tribunal is satisfied that by reason of illness or injury the appellant cannot attend the hearing; or
(c) if the Tribunal is satisfied that the appellant lives outside Hong Kong and is unable to attend the hearing; or
(d) if the appellant is represented by counsel, a solicitor or such other representative authorized by the appellant as may be approved by the Tribunal,
and that in the opinion of the Tribunal it would be proper in all the circumstances to proceed in the absence of the appellant.
12. Record or proceedings
The Tribunal shall keep a summary or record of proceedings in every appeal which comes before it in such form as the chief adjudicator may determine.
(L.N. 178 of 1987)
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