【法规名称】
【法规编号】 79316 什么是编号？
【正 文】
第13页 CAP 358 WATER POLLUTION CONTROL ORDINANCE
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[接上页] Cap 358 s 31 Exercise of Appeal Board's jurisdiction (1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 30(4) as the Chairman may appoint for that appeal or group of appeals. (2) On any appeal an Appeal Board may confirm, reverse or vary the decision or requirement of the Authority or the Secretary. (3) Every question before an Appeal Board shall be determined by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chairman; in the event of an equality of votes the Chairman shall have a casting vote. (4) An Appeal Board shall not at any time consist of a majority of persons who are public officers. (5) An 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 as evidence in a court of law; and (c) by notice in writing summon any person to appear before it to produce any document or to give evidence.(6) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor in this Ordinance. Cap 358 s 32 Supplementary provisions as to Appeal Board (1) If the Chairman of Appeal Boards is precluded by illness, absence from Hong Kong or any other cause from exercising his functions the Governor may appoint any other person qualified in law to act as Chairman and as such to exercise and perform all of the powers, functions and duties of the Chairman during the period of his appointment. (2) If a person appointed by the Chairman under section 31(1) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chairman may appoint any other person from the panel provided for in section 30(4) to act in his place. (3) The Chairman of Appeal Boards and any person appointed under section 30(4) may at any time resign his office by notice in writing to the Governor. (Amended 83 of 1993 s. 21) (4) If the parties to an appeal consent, the hearing of the appeal may be continued notwithstanding any change in the membership of an Appeal Board as if the change had not occurred. Cap 358 s 33 Review of Appeal Board's decision by Governor in Council (1) This section applies where- (a) an Appeal Board has reversed or varied a decision or requirement of the Authority or the Secretary; and (b) the Authority or Secretary considers that exceptional circumstances require the review of the Board's decision in the public interest.(2) The Authority or Secretary may, where this section applies, within 14 days of being notified of a decision of an Appeal Board refer the case for review by the Governor in Council. (3) Where the Authority or the Secretary has referred a case for review under subsection (2), he shall forthwith notify the other party in writing of the reference, giving his reasons for seeking the review and inviting him to submit written representations concerning the review, within 14 days of receiving the notice, for consideration by the Governor in Council. (4) Upon a reference under subsection (2) and upon the expiry of the period of 14 days referred to in subsection (3) the Governor in Council may review the case, considering any representations submitted under subsection (3), and may confirm, reverse or vary the decision of the Appeal Board. Cap 358 s 34 Case may be stated for Court of Appeal (1) The Chairman of Appeal Boards may of his own motion, before an appeal is determined, refer any question of law to the Court of Appeal by way of case |
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