Hong Kong Regulations

HUMAN REPRODUCTIVE TECHNOLOGY (LICENSING) REGULATION - SECT 23

Appeal to Administrative Appeals Board

PART 5

APPEAL TO ADMINISTRATIVE APPEALS BOARD AGAINST DECISIONS OF COUNCIL

(1) This section applies to an appeal made against a decision of the Council
mentioned in section 41 of the Ordinance to the Administrative Appeals Board
(“the Board”).

(2) If the Board reverses such a decision, the Council shall take the
necessary action to give effect to that reversal.

(3) If an appeal is made against a decision of the Council to—

   (a)  refuse to grant a licence;

   (b)  grant a licence in respect of part only of the premises or relevant
        activity specified in the application concerned;

   (c)  grant a licence subject to conditions;

   (d)  refuse to vary a licence so as to designate another individual in
        place of the person responsible;

   (e)  refuse to vary or revoke a licence on an application by the person
        responsible or the licensee; or

   (f)  suspend a licence for a certain period of time, the appeal does not
        affect the operation of the decision pending appeal, unless the
        Council decides otherwise and the notice of the decision contains a
        statement to that effect.

(4) If the Council makes a decision to vary or revoke a licence otherwise than
on an application by the person responsible or the licensee, the decision
takes effect—

   (a)  upon the expiry of the time within which a notice of appeal may be
        lodged under section 9 of the Administrative Appeals Board Ordinance (
        Cap 442); or

   (b)  in the case of a notice of appeal having in fact been lodged under
        section 9 of that Ordinance, upon the disposal of the appeal, unless
        the Council decides otherwise and the notice of the decision contains
        a statement to that effect.