【法规名称】
【法规编号】 79148 什么是编号？
【正 文】
第8页 CAP 421 RABIES ORDINANCE
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[接上页] (c) the refusal of an authorized officer to permit an animal of which he is the keeper or importer, to be removed from a quarantine centre, observation centre or other place in which it has been detained; (d) an increase in a specified period of detention in respect of an animal of which he is the keeper or importer, made by an authorized officer under section 36; (e) any condition imposed by the Director in granting him an exemption under section 47; (f) any decision of the Director concerning his entitlement to compensation under section 49; (g) the amount of compensation payable under section 49 as determined by the Director,may within 30 days of the notification to him of such direction, refusal, increase, condition, decision or determination appeal to the Appeal Board by notice of appeal addressed to the Director, in a form and manner specified by the Director, setting out the grounds of the appeal. (2) After receiving a notice of appeal under subsection (1) the Director shall, within 14 days after such receipt, forward it to the Secretary. (3) An appeal made under this section shall not affect the operation of the direction, refusal, increase or condition appealed against prior to the determination of the appeal. (Enacted 1992) Cap 421 s 41 Appeal Board Panel (1) There shall be a panel to be known as the Appeal Board Panel. (2) The Panel shall consist of the following persons appointed by the Secretary- (a) not more than 6 medical practitioners (referred to in this Part as the medical members); and (b) not more than 6 veterinary surgeons (referred to in this Part as the veterinary members).(3) A public officer is not eligible for appointment to the Panel. (4) Subject to subsection (5) a member of the Panel shall be appointed for a period of 2 years and shall, on ceasing to be a member, be eligible for reappointment. (5) A member of the Panel may at any time, by notice in writing to the Secretary, resign from the Panel. (6) In subsection (2)(b) "veterinary surgeon" (兽医) means a registered veterinary surgeon within the meaning of the Veterinary Surgeons Registration Ordinance (Cap 529). (Replaced 96 of 1997 s. 44) (Enacted 1992) Cap 421 s 42 Appeal Board (1) The Secretary shall, not later than 21 days after receipt of the notice of appeal under section 40(2), appoint an Appeal Board to determine the appeal. (2) The Appeal Board shall consist of 1 public officer, 1 medical member and 1 veterinary member. (3) The members of the Appeal Board shall elect a Chairman from amongst themselves to preside at the hearing of the appeal. (4) The members of the Appeal Board, other than the public officer, shall be remunerated for their services out of money appropriated for the purpose by the Legislative Council at such rate as the Financial Secretary may determine. (Enacted 1992) Cap 421 s 43 Proceedings before the Appeal Board (1) The Chairman of the Appeal Board shall notify the appellant of the time and place of the hearing of the appeal. (2) The parties to an appeal may be present at the hearing of the appeal and make representations either in person or by counsel or solicitor or, with the consent of the Appeal Board, by some other person. (3) A counsel, solicitor or legal officer within the meaning of the Legal Officers Ordinance (Cap 87) may be present at any hearing to advise the Chairman on any legal matter. (Enacted 1992) Cap 421 s 44 Powers of Appeal Board and Chairman Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) For the purpose of hearing an appeal to which this Ordinance applies the Appeal Board may- (a) receive and consider such evidence as it considers relevant whether or not it would be admissible in evidence in a court of law; (b) require evidence to be given on oath or affirmation and orally or in writing; (c) by notice in writing signed by the Chairman and served on the person to whom it is addressed, require that person to attend and give evidence at the hearing of the appeal, and to produce such record, document or other thing in that person's custody or under his control relating to the subject matter of the appeal as may be specified in the notice; (d) require such person to answer all questions put to him by or with the consent of the Appeal Board; (e) exercise such other powers as may be necessary or ancillary to the carrying out of its functions under this Ordinance.(2) Subject to any regulations referred to in section 51(1)(u) the Appeal Board may determine the procedure for the hearing of appeals. (3) The Appeal Board and its members, and witnesses, counsel and any solicitor, and any other person who is a party to or who otherwise has an interest in the proceedings shall have the same privileges and immunities in respect of the hearing of an appeal under this Part as they would have in proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2) (4) Any person who refuses or fails- (a) to take any oath or make an affirmation when required to do so by the Appeal Board; |
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