【法规名称】
【法规编号】 42117 什么是编号？
【正 文】
第3页 CAP 386 HONG KONG WAR MEMORIAL PENSIONS ORDINANCE
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[接上页] (5) Notice of any appointment under subsection (2) or (4) shall be published in the Gazette. (6) The Chairman and any person appointed under subsection (4) may at any time resign by giving notice in writing to the Chief Executive. (Amended 67 of 1999 s. 3) (Enacted 1991) Cap 386 s 13 Constitution of Appeal Board Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 67 of 1999 s. 3 (1) There shall be a Hong Kong War Memorial Pensions Appeal Board. (2) The Appeal Board shall consist of the Chairman and such number of persons, being not less than 2, from the panel referred to in section 12(4) as the Chairman may, subject to subsection (4), appoint to be members thereof to hear any appeal. (3) In relation to the hearing of appeals every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the Chairman; in the case of an equality of votes the Chairman shall have a casting vote. (4) The Appeal Board shall not at any time consist of a majority of persons who are public officers. (5) The Appeal Board hearing an appeal may- (a) receive evidence on oath; (b) admit or take into account any statement, document, information or matter whether or not it would be admissible in a court of law; (c) by notice in writing summon any person to appear before it to produce any document or to give evidence; (d) confirm, vary or reverse the determination that is appealed against; and (e) make an award of such sum, if any, in respect of the costs involved in the appeal as is just in all the circumstances of the case.(6) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its powers under subsection (5). (Amended 25 of 1998 s. 2) (7) If any person- (a) on being duly summoned as a witness before the Appeal Board makes default in attending; (b) being in attendance as a witness refuses to take an oath lawfully required by the Appeal Board to be taken, or to produce any document in his power or control lawfully required by the Appeal Board to be produced by him, or to answer any question to which the Appeal Board may lawfully require an answer; or (c) does any other thing which might, if the Appeal Board had been a court of law having power to commit for contempt, have been contempt of that court,the Chairman may certify the fact under his hand to the Court of First Instance and the Court of First Instance may thereupon inquire into the case and after hearing any witnesses who may be produced against or on behalf of that person and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the court. (Amended 25 of 1998 s. 2) (8) A witness before the Appeal Board shall be entitled to the same immunities and privileges as if he were a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2) (9) Any sum awarded against the appellant under subsection (5)(e) shall be a debt due to the Government and recoverable in the District Court and any sum payable to the appellant under such an award shall be charged on the general revenue. (Amended 67 of 1999 s. 3) (10) The Chairman may specify any form or determine any matter of practice or procedure for which no provision is made in this Ordinance. (Enacted 1991) Cap 386 s 14 Supplementary provisions relating to appeals Remarks: Adaptation amendments retroactively made - see 67 of 1999 s. 3 (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from performing his functions, the Chief Executive may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment. (Amended 67 of 1999 s. 3) (2) If a person appointed by the Chairman under section 13(2) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from performing his functions, the Chairman may appoint any other person from the panel referred to in section 12(4) to act in his place. (Enacted 1991) Cap 386 s 15 Case may be stated for Court of Appeal (1) Before or after the determination of an appeal, the Appeal Board may refer any question of law arising for determination by the Court of Appeal by way of case stated. (2) On the hearing of the case the Court of Appeal may amend the case or require the Appeal Board to amend the case in such manner as the Court shall specify. (3) Where the Court of Appeal determines a case stated under this section it shall cause a copy of the case, together with a copy of its opinion thereon, to be sent to the Chairman. (4) Where the Court of Appeal sends its opinion under subsection (3), the Appeal Board shall determine the relevant appeal having regard to the opinion of the Court. |
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