【法规名称】
【法规编号】 79128 什么是编号？
【正 文】
CAP 499A ENVIRONMENTAL IMPACT ASSESSMENT (APPEAL BOARD) REGULATION
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(Cap 499 section 32) [1 April 1998] (L.N. 71 of 1998)(L.N. 455 of 1997) Cap 499A s 1 (Omitted as spent) (Omitted as spent) Cap 499A s 2 Interpretation In this Regulation- "appellant" (上诉人) means a person who lodges a notice of appeal in accordance with section 3; "determine" (决定), in relation to such form as the Director may determine, means set by the Director under section 33 of the Ordinance; "respondent" (答辩人), in relation to an appeal for the purposes of section 17(1) of the Ordinance, means the Director; and, in relation to an appeal for the purposes of section 17(2) of the Ordinance, means the Secretary. Cap 499A s 3 Form of notice of appeal Notice of appeal- (a) for the purposes of section 17(1) of the Ordinance, in the case of an environmental permit holder or an applicant, shall be in such form as the Director may determine; (b) for the purposes of section 17(2) of the Ordinance, in the case of a person whose project is specified by the Secretary as a designated project under section 4(4) of the Ordinance, shall be in such form as the Director may determine; and (c) shall be lodged with the Chairman. Cap 499A s 4 Service of copy of notice of appeal and statement of particulars (1) When lodging a notice of appeal under section 3 the appellant shall at the same time serve a copy of such notice on the respondent; and shall at the same time serve on the respondent and the Chairman a statement of particulars which shall include- (a) the name, address, telephone and facsimile number, if any, of the appellant; (b) the name, address, telephone and facsimile number, if any, of the appellant's authorized representative; (c) details of the decision appealed against; (d) the grounds of appeal; (e) the name, title, address, telephone and facsimile number, if any, of all proposed witnesses; and (f) particulars of the evidence to be given by the witnesses and documents and any other thing to be produced by or on behalf of the appellant sufficient to ensure that the Appeal Board is fully and fairly informed of the grounds of appeal.(2) The respondent shall within 60 days of receipt of a copy of a notice under subsection (1) serve notice on the Chairman and the appellant of- (a) the name, address, telephone and facsimile number, if any, of the respondent's authorized representative; (b) the name, title, address, telephone and facsimile number, if any, of all proposed witnesses; and (c) particulars of the evidence to be given by the witnesses and documents and any other thing to be produced by or on behalf of the respondent sufficient to ensure that the appellant and the Appeal Board are fully and fairly informed of the grounds of opposing the appeal. Cap 499A s 5 Further particulars If any party to any appeal requires further particulars from the other party relating to the appeal he may, within 21 days after the service on the respondent of a copy of the notice of appeal under section 4 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on the other party specifying the further particulars required, and the other party shall, within 21 days after notice is served under this section or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars to the other party and lodge a copy of such particulars with the Chairman. Cap 499A s 6 Inspection of documents (1) Any party to any appeal may at any time serve notice on the other party to produce, within 21 days after the notice is served, any document relating to the appeal for the inspection of the party serving the notice and to permit him to take copies thereof. (2) Any party who fails to comply with a notice under subsection (1) shall not afterwards be allowed to put any such document in evidence unless he satisfies the Appeal Board that he had a reason for his failure to comply which the Appeal Board deems sufficient. Cap 499A s 7 Date, time and place of hearing Following the expiration of the 60 day period referred to in section 4(2) or the compliance by the respondent with the requirements of that section, whichever is the earlier, the Chairman shall fix the date, time and place of the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date so fixed, serve on the appellant and on the respondent notice of the date, time and place in such form as the Director may determine. Cap 499A s 8 Summons to witness Upon application by any party to an appeal in such form as the Director may determine, the Chairman may issue a witness summons in such form as the Director may determine to any person named in the application requiring him to appear before the Appeal Board to produce any document relating to the appeal and to give evidence. Cap 499A s 9 Procedure before hearing Not less than 7 days before the date and time fixed under section 7 for the hearing of the appeal, the appellant and the respondent shall- |
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