【法规名称】
【法规编号】 79140 什么是编号？
【正 文】
第9页 CAP 466 DUMPING AT SEA ORDINANCE
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[接上页] (3) The Chief Executive may appoint a panel of persons whom he considers suitable as members of an Appeal Board. (Amended 34 of 2000 s. 3) (4) The term of appointment for a member of the panel is not more than 3 years and he may be reappointed. (5) Appointments under this section are to be published in the Gazette. (Enacted 1995) Cap 466 s 29 Exercise of Appeal Board's jurisdiction (1) The Chairman shall appoint a number of persons from the panel as he considers reasonable for an appeal or group of appeals to constitute an Appeal Board for the appeal or group of appeals. (2) An Appeal Board may determine an appeal. (3) On an appeal an Appeal Board may confirm, reverse or vary the decision or direction appealed from. (4) An Appeal Board determines a question before it by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which the Chairman determines. (5) If there is an equality of votes the Chairman has a casting vote. (6) An Appeal Board is not at any time to have a majority of members who are public officers. (7) An Appeal Board may- (a) receive evidence on oath; (b) take into account a statement, document, information or matter whether or not it would be admissible as evidence in a court of law; (c) by notice in writing, summon a person to appear before it to produce a document or to give evidence; and (d) award such amount for costs in an appeal as is just and equitable in the circumstances of the case.(8) The party awarded costs under subsection (7)(d) may enforce the award as a civil debt and costs awarded against the Authority, an authorized officer or a public officer under subsection (7)(d) is a charge on the general revenue. (9) The Chairman may determine a matter of practice in so far as provision is not made in this Ordinance. (Enacted 1995) Cap 466 s 30 Supplementary provisions as to Appeal Board Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 (1) If the Chairman is unable to exercise his functions the Chief Executive may appoint another person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336) to act as Chairman. (Amended 34 of 2000 s. 3) (2) An acting Chairman may exercise and perform the powers, functions and duties of the Chairman during the period of his appointment. (3) If a member appointed by the Chairman to hear an appeal is unable to exercise his functions, the Chairman may appoint another person from the panel to act in his place. (4) The Chairman or a member may resign his office by notice in writing to the Chief Executive. (Amended 34 of 2000 s. 3) (5) An Appeal Board may continue the hearing of an appeal or group of appeals even though the membership of the Appeal Board has changed as if the change had not occurred. (6) The Chairman shall not appoint, without the consent of the parties, a person as a member of an Appeal Board before which the hearing of an appeal has commenced. (Enacted 1995) Cap 466 s 31 Case stated (1) The Chairman may, before an appeal is determined, refer a question of law to the Court of Appeal by way of case stated. (2) In addition to the other powers of the Court of Appeal in hearing a case stated the Court of Appeal may amend the case or order it to be sent back to the Chairman of the Appeal Board for amendment. (Enacted 1995) Cap 466 s 32 Regulations PART IX REGULATIONS, REPEAL AND SAVINGS The Authority may prescribe by regulation matters that are required to be prescribed under this Ordinance. (Enacted 1995) Cap 466 s 33 Repeal and savings (1) The Dumping at Sea Act 1974 (Overseas Territories) Order 1975 (App. III, p. DK1) is amended in Schedule 2 by repealing the entry relating to "Hong Kong". (2) A licence issued under the Order repealed by subsection (1) shall continue in force as if it were a permit issued under section 10. (3) The Determination of Licence Fees (L.N. 283 of 1994)* shall continue in force as if the Authority had made it under section 32. (4) (Omitted as spent) (5) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap 1) apply to repeals made by this section as if the provisions repealed were part of an Ordinance. (Enacted 1995)_________________________________________________________________________________ Note: * Repealed-see s. 3 of L.N. 502 of 1996. Cap 466 s 34 (Omitted as spent) (Omitted as spent) (Enacted 1995) |
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