Hong Kong Regulations

MERCHANT SHIPPING (LOCAL VESSELS) (DWELLING VESSELS) REGULATION - SECT 19

Appeals

(1) Any person aggrieved by a decision of the Director-

   (a)  to specify any condition in a licence under section 3(5);

   (b)  to make any amendment or addition to the conditions specified in a
        licence under section 3(6);

   (c)  to refuse to renew a licence under section 4(3)(b);

   (d)  to refuse to transfer a licence under section 7(4)(b);

   (e)  to cancel a licence under section 8;

   (f)  to refuse to permit the replacement of a vessel under section  13 ;

   (g)  to specify any action required to secure the release of a vessel or
        any property on board the vessel under section 16(9); or

   (h)  to refuse to release a vessel or any property on board the vessel
        under section 17(2), may, within 14 days after the day on which he is
        informed of the decision, appeal to the Administrative Appeals Board
        against the decision.

(2) If a decision referred to in paragraph (a), (b), (c), (d), (e) or (f) of
subsection (1) is appealed against under that subsection, the decision
concerned shall be suspended in its operation from the day on which notice of
the appeal is lodged until the appeal is disposed of, withdrawn or abandoned,
unless such suspension would, in the opinion of the Director, be contrary to
the public interest and the notice of that decision contains a statement to
that effect.

(3) If a decision referred to in paragraph (g) of subsection (1) is appealed
against under that subsection, then, as against the person making the appeal-

(a) the period within which a claim may be submitted to the Director for the
release of the vessel concerned or any property on board that vessel,
specified in the notice served in respect of that vessel under section 16(6),
shall not begin to run until the appeal is disposed of, withdrawn or
abandoned; and

   (b)  the notice shall otherwise have effect subject to the outcome of the
        appeal.

(4) If a decision referred to in paragraph (h) of subsection (1) is appealed
against under that subsection, the decision concerned shall be suspended in
its operation from the day on which notice of the appeal is lodged until the
appeal is disposed of, withdrawn or abandoned.