【法规名称】
【法规编号】 79128 什么是编号？
【正 文】
第2页 CAP 499A ENVIRONMENTAL IMPACT ASSESSMENT (APPEAL BOARD) REGULATION
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[接上页] (a) lodge with the Chairman a copy of witness statements, documents and any other thing to be given or produced in evidence at the hearing of the appeal; (b) serve on each other a copy of witness statements and documents and shall give details of any other thing lodged with the Chairman which statement, document or thing is to be given or produced in evidence at the hearing of the appeal. Cap 499A s 10 Appeal to be conducted in public The hearing of an appeal shall be conducted in public unless the Chairman of his own motion, or upon application by any party to the appeal, orders that all or any persons should be excluded from the whole or any part of the hearing. Cap 499A s 11 Representation At the hearing of an appeal- (a) the appellant may be represented by a barrister or solicitor; and (b) the respondent may be represented by a barrister, solicitor or legal officer. Cap 499A s 12 Abandonment of appeal (1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman. (2) When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on the respondent. Cap 499A s 13 Failure of any party to attend hearing (1) If on the date and time fixed for the hearing of an appeal any party to the appeal fails to attend the hearing either in person or by a barrister or solicitor, the Appeal Board may- (a) if satisfied that the party's failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit; (b) proceed to hear the appeal; (c) in the case of a failure by the appellant to so attend other than by reason of sickness or other reasonable cause, dismiss the appeal.(2) Where the appeal is dismissed by the Appeal Board under subsection (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Appeal Board to review its order and the Appeal Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal. (3) When lodging a notice under subsection (2), the appellant shall at the same time serve a copy of such notice on the respondent. (4) Where the Appeal Board sets aside an order for dismissal under subsection (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 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 14 Failure to serve notice of appeal or to furnish particulars (1) Where an Appeal Board is satisfied that the appellant has failed- (a) to serve a copy of the notice of appeal on the respondent under section 4(1); (b) to furnish a statement of particulars to the respondent and the Chairman under section 4(1); or (c) to furnish further particulars to the respondent under section 5,the Appeal Board may dismiss the appeal. (2) Where an Appeal Board is satisfied that the respondent has failed- (a) to serve a copy of the notice of any of the matters referred to in section 4(2) on the appellant and the Chairman; or (b) to furnish particulars to the appellant under section 5,the Appeal Board may allow the appeal. Cap 499A s 15 Record of proceedings The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by the Appeal Board- (a) the grounds of the appeal; (b) the name of the appellant; (c) the name of any person who appears as a witness for the appellant; (d) the name of any person who appears as a witness for the respondent; (e) the name of any person summonsed as a witness before the Appeal Board; (f) the evidence of any person who gives evidence; (g) the decision of the Appeal Board; (h) the amount of any sum awarded under section 19 of the Ordinance in respect of the costs of the appeal; and the name of the person in favour of whom the award was made. Cap 499A s 16 Service of notices by Chairman, respondent or appellant Any notice or copy of a notice required to be served under this Regulation- (a) by the Chairman on the appellant or the respondent; (b) by the respondent on the appellant; or (c) by the appellant on the respondent,may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or to the respondent, as the case may be. |
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