|
[接上页] (C) there is or may be in those premises anything which is or contains, or is likely to be or contain, evidence of the commission of an offence against this Ordinance or of a ground for the cancellation of registration under section 14;(ii) it is not reasonably practicable to obtain such a warrant in respect of those premises before exercising those powers.(4) For the purposes of ascertaining whether the provisions of this Ordinance or a condition imposed under section 12 is being complied with, an inspection officer may- (a) at all reasonable times, enter any premises which appear to him to be used for the purposes of an exempted course or a registered course; (b) require any person found on such premises to produce- (i) such books, records or other documents which are in his possession or under his control and kept in such premises; and (ii) his identity card, for inspection by the inspection officer;(c) take notes, copies or extracts of or from any such books, records or other documents.(5) This section shall be without prejudice to any powers of entry and search conferred on police officers under any other law. (6) If an inspection officer or officer referred to in subsection (9)(a) is requested to produce proof of his authority, he shall not exercise any power conferred by subsection (1), (3) or (4) unless he has produced the proof of his authority as requested. (7) A prescribed officer may, in the exercise of the powers conferred by subsection (1)- (a) break open any door of any premises which he is empowered to enter under that subsection; (b) remove by force any person or article obstructing him in the exercise of such powers.(8) Any person who- (a) fails to comply with a requirement made under subsection (4)(b); or (b) obstructs a prescribed officer in the exercise of any power conferred by subsection (1), (3), (4) or (7),commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. (9) in this section, "prescribed officer" (订明人员) means- (a) any public officer authorized in writing for the purposes of this section by the Registrar either generally or in any particular case; (b) any inspection officer; (c) any police officer. (Enacted 1996) Cap 493 s 25 Lodging of appeals PART VI APPEALS An appeal made under section 11, 12 or 15 shall be made in such form as the Registrar may specify. (Enacted 1996) Cap 493 s 26 Appeal Board Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 (1) Every appeal made under section 11, 12 or 15 shall be determined by the Appeal Board to be known as the Non-local Higher and Professional Education Appeal Board. (2) The Chief Executive shall appoint a person to be the Chairman of the Appeal Board and such number of persons as he thinks fit to be the Deputy Chairmen of the Appeal Board. (Amended 55 of 2000 s. 3) (3) Subject to subsection (7), the Chairman or any Deputy Chairman shall be appointed for a term of not more than 2 years but may be reappointed. (4) A person appointed under subsection (2) shall be a solicitor or barrister within the meaning of the Legal Practitioners Ordinance (Cap 159). (5) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section 27 as members of the Appeal Board. (Amended 55 of 2000 s. 3) (6) An appointment under subsection (2) or (5) shall be notified in the Gazette. (7) The Chairman and any Deputy Chairman or person appointed under subsection (5) may at any time resign by notice in writing to the Chief Executive. (Amended 55 of 2000 s. 3) (8) No public officer shall be appointed to be the Chairman, Deputy Chairman or member of the panel under subsection (2) or (5). (Enacted 1996) Cap 493 s 27 Constitution and powers of Appeal Board (1) The Appeal Board shall consist of the Chairman or a Deputy Chairman who shall preside at the hearing and such number of persons, not being fewer than 2, from the panel referred to in section 26(5) as the Chairman may appoint to be members of the Appeal Board to hear any appeal. (2) 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 or (where appropriate) the Deputy Chairman; in the case of an equality of votes the Chairman or Deputy Chairman shall have a casting vote. (3) In hearing an appeal the Appeal Board may- (a) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not it would be admissible in a court of law; (b) by notice in writing signed by the Chairman, summon any person- (i) to produce to it any document or article that is relevant to the appeal and is in his custody or under his control; or (ii) to appear before it and to give evidence relevant to the appeal;(c) administer oaths and affirmations; |