【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第9页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (d) that the cancellation of a construction noise permit is not justified by the terms of this Ordinance or the Technical Memoranda issued under section 9(1).(4) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 21 days after the service under section 8 of notice of the decision of the Authority to which the appeal relates. (Enacted 1988) Cap 400 s 19 Appeals against service of notice by Authority under section 13 or 16 (1) Subject to subsection (2), if any person on whom a notice is served under section 13(1) or (4) or section 16(1)(a) or (b) is aggrieved by such service, he may appeal to the Appeal Board. (2) No appeal may be made under this section except on any or all of the following grounds- (a) that the service of the notice is not justified by the terms of this Ordinance or, in the case of a notice served under section 13(1) on the grounds set out in section 13(1)(c), by the Technical Memoranda issued under section 10(1); (b) that there has been some material informality, defect or error in the form or content of the notice or in connection with the service of the notice; (c) that the requirements of the notice are unreasonable in character or extent or are unnecessary; (d) that compliance with the requirements of the notice would cause the appellant economic hardship seriously prejudicial to the conduct of his business; or (e) that the notice should have been served on some person other than the appellant.(3) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 21 days after the service of the notice to which the appeal relates. (4) Where an appeal is made under this section the notice to which the appeal relates shall be suspended in its operation as from the day on which the notice of appeal is lodged until the time that the appeal is disposed of, withdrawn or abandoned unless suspension in the operation of the notice to which the appeal relates would, in the opinion of the Authority, be contrary to the public interest and the notice to which the appeal relates contains a statement to that effect. (Enacted 1988) Cap 400 s 20 Appeal Board (1) Every appeal under this Part shall be determined by the Appeal Board constituted under section 21. (2) The Governor shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336). (3) Subject to subsection (6), the Chairman and any person appointed under subsection (4) shall be appointed for a term of 3 years but may be re-appointed. (Amended 6 of 1992 s. 6) (4) The Governor shall appoint a panel of persons whom he considers suitable for appointment under section 21 as members of the Appeal Board to hear any appeal under this Part. (5) An appointment under subsection (2) or (4) shall be notified in the Gazette. (6) The Chairman and any person appointed under subsection (4) may at any time resign by notice in writing to the Governor. (Enacted 1988) Cap 400 s 21 Constitution of Appeal Board Remarks: Adaptation amendments retroactively made-see 25 of 1998 s. 2 (1) The Appeal Board shall consist of the Chairman and such number of persons from the panel referred to in section 20(4) as the Chairman may, subject to subsection (4), appoint to be members thereof to hear any appeal under this Part. (2) In hearing an appeal under this Part the Appeal Board may, in relation to such appeal, give directions to the Authority with respect to the exercise by the Authority of such of the functions of the Authority under this Ordinance as are relevant to the appeal and the Authority shall comply with any such direction. (3) In relation to the hearing of appeals under this Part every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the Chairman; in the case of an equality of votes the Chairman shall have a casting vote. (4) The Appeal Board shall not at any time consist of a majority of persons who are public officers. (5) The contents of any Technical Memorandum issued under section 9 (1) or 10(1) shall not be called into question in any appeal under this Part. (6) In hearing an appeal under this Part the Appeal Board may- (a) receive evidence on oath; (b) admit or take into account any statement, document, information or matter whether or not it would be admissible in a court of law; (c) by notice in writing summon any person to appear before it to produce any document or to give evidence; (d) confirm, reverse or vary the decision or requirement appealed against; and (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.(7) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its powers under subsection (6). (Amended 25 of 1998 s. 2) |
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