【法规名称】
【法规编号】 44241 什么是编号？
【正 文】
第11页 CAP 493 NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE
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[接上页] (d) require evidence to be given on oath or affirmation; (e) make an award of such sum, if any, in respect of the costs involved in the appeal as is just and equitable in all the circumstances of the case.(4) After hearing an appeal made in respect of a registered course- (a) under section 11, the Appeal Board may determine the appeal by confirming the Registrar's decision or directing the Registrar to register the course; (b) under section 12, the Appeal Board may determine the appeal by confirming the Registrar's decision or directing the Registrar to withdraw the relevant condition or vary the condition in such manner as the Appeal Board decides; (c) under section 15, the Appeal Board may determine the appeal by confirming the Registrar's decision or directing the Registrar to restore the registration of the course. (Enacted 1996) Cap 493 s 28 Notification of certain decisions of Appeal Board Where the Appeal Board determines an appeal by directing the Registrar to restore the registration of a course, the Registrar shall- (a) publish a notice containing the decision of the Appeal Board in all newspapers in which a notice was published under section 14 (2)(b) or (c) in respect of the cancellation of the registration of the course; and (b) give a notice in writing of the decision of the Appeal Board to the operator of the course. (Enacted 1996) Cap 493 s 29 Appeal Board's decision is final Subject to section 31 the determination of an appeal by the Appeal Board or any order as to costs made by the Appeal Board shall be final. (Enacted 1996) Cap 493 s 30 Supplementary provisions relating to appeals Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 (1) The procedure and practice of the Appeal Board shall, subject to this Ordinance, be determined by the Chairman. (2) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint a Deputy Chairman to act as Chairman and as such to exercise all the functions of the Chairman during the period of his appointment. (Amended 55 of 2000 s. 3) (3) If a person appointed by the Chairman under section 27(1) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in section 26(5) to act in his place. (4) In the hearing of an appeal, the appellant and the Registrar shall be entitled to be heard either in person or through a representative authorized by him. (5) In relation to any appeal to the Appeal Board, the members of the Appeal Board, the appellant, the Registrar and any witness, representative or other person appearing before the Appeal Board shall have the same privileges and immunities as they would have if the proceedings were civil proceedings before a court. (6) Any sum awarded to the Registrar under section 27(3)(e) shall be a debt due from the appellant to the Government and recoverable in the District Court and any sum payable by the Registrar to the appellant pursuant to an award under that section shall be charged on the general revenue. (Enacted 1996) Cap 493 s 31 Case may be stated for Court of Appeal (1) The Appeal Board may refer any question of law arising in an appeal to the Court of Appeal for determination by way of case stated. (2) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment. (3) Where a case is stated under subsection (1), the Appeal Board shall not determine the relevant appeal before the Court of Appeal determines the relevant point of law. (4) Where the Court of Appeal determines a case stated under subsection (1), the Appeal Board shall determine the relevant appeal having regard to the decision of the Court. (Enacted 1996) Cap 493 s 32 Offences relating to appeal Any person who is summoned by a notice under section 27(3)(b) and who- (a) without reasonable excuse refuses or fails- (i) to attend and give evidence when required to do so by the Appeal Board; (ii) being in attendance before the Appeal Board as a witness, to take an oath or make an affirmation required by the Appeal Board to be taken or made; (iii) to answer truthfully and completely questions put to him by the Appeal Board; or (iv) to produce any document or article which he is required by the Appeal Board to produce; or(b) does any other thing which would, if the Appeal Board had been a court of law having power to commit for contempt, have been contempt of that court,commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. (Enacted 1996) Cap 493 s 33 Offence PART VII MISCELLANEOUS (1) Any person who in purported compliance with the provisions of this Ordinance or a requirement under this Ordinance makes any statement or representation of facts which is false in a material particular and which- |
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