HKLII Hong Kong Regulations

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CIVIL CELEBRANT OF MARRIAGES APPOINTMENT APPEAL BOARD REGULATION - SECT 18

Failure of appellant to attend hearing

(1) If at the time fixed for the hearing of an appeal, the appellant fails to
attend the hearing either in person or by a barrister, solicitor or authorized
representative, the Appeal Board may—

   (a)  if it is satisfied that the appellant’s failure to attend was due to
        illness or any other reasonable cause, postpone or adjourn the hearing
        for such period as it thinks fit;

   (b)  proceed to hear the appeal; or

   (c)  by order dismiss the appeal.

(2) Where an appeal is dismissed under subsection (1)(c), the appellant may,
within 28 days after the making of the order for dismissal, apply to the
Appeal Board for a review of the order by serving a notice in writing on the
Board Secretary.

(3) A notice under subsection (2) shall be in such form as the Chairperson may
specify.

(4) An appellant who serves a notice under subsection (2) shall at the same
time serve a copy of such notice on the Registrar.

(5) The Appeal Board may, if satisfied that the appellant’s failure to
attend the hearing was due to illness or any other reasonable cause, set aside
the order for dismissal.

(6) Where the Appeal Board sets aside an order for dismissal under subsection
(5), the Board Secretary shall—

   (a)  fix the date, time and place for a fresh hearing of the appeal so as
        to enable the hearing to commence as soon as is reasonably
        practicable; and

   (b)  not less than 14 days before the date so fixed serve on the appellant
        and the Registrar notice of the date, time and place of the hearing.



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