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[接上页] (c) dismiss the appeal.(2) Where the appeal is dismissed by the 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 Board to review its order and the 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 authority. (4) Where the 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 authority notice of the date, time and place in Form 2 in the Schedule. (Enacted 1992) Cap 354B s 13 Failure of appellant to serve notice of appeal on the authority or to furnish particulars Where a Board is satisfied that the appellant has failed- (a) to serve a copy of the notice of appeal on the authority under section 4; or (b) to furnish a statement of particulars to the authority and the Chairman under section 4; or (c) to furnish further particulars without reasonable cause to the authority under section 5,the Board may dismiss the appeal. (Enacted 1992) Cap 354B s 14 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 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 authority; (e) the name of any person summoned as a witness before the Board; (f) the evidence of any person who gives evidence; and (g) the decision of the Board. (Enacted 1992) Cap 354B s 15 Service of notices by Chairman or appellant Any notice required to be served under this Regulation- (a) by the Chairman or the authority on the appellant; or (b) by the appellant on the authority,may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or of the authority, as the case may be. (Enacted 1992) Cap 354B SCHEDULE [sections 3, 7, 8 & 12] FORM 1 WASTE DISPOSAL ORDINANCE (Chapter 354) (Section 3 of the Waste Disposal (Appeal Board) Regulation) NOTICE OF APPEAL To: The Chairman, Waste Disposal Appeal Board 1. Full name of Appellant: .................................................................................................. 2. Address of Appellant: .................................................................................................... Telephone No.: ............................................................................................................. 3. Address of Appellant or name and address of duly authorized representative for service if different from the above: ............................................................................................... 4. Details of notice appealed against: (Attach a copy of the decision and indicate the particular aspect being the subject of the appeal)..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... Dated this ................. day of ............................ 19 ........ ............................................. Appellant. (L.N 471 of 1995) ___________ FORM 2 WASTE DISPOSAL ORDINANCE (Chapter 354) (Sections 7 and 12 of the Waste Disposal (Appeal Board) Regulation) NOTICE OF DATE, TIME AND PLACE FIXED FOR HEARING OF AN APPEAL Appeal No.: ...................... of 19 ...... In the matter of the Appeal lodged by ............................................................................. (Appellant) against the decision or direction contained in a notification issued under the Waste Disposal Ordinance on the ................... day of ............................. 19 ........ To ........................................... (Appellant) TAKE NOTICE that the above appeal will be heard at ................................................... ............................................................................................................................................. on the ............. day of ........................... 19 ........ at ........... a.m./p.m. AND TAKE NOTICE that if you do not attend at the time and place mentioned, either in person or by a barrister or solicitor duly authorized to appear on your behalf, the appeal may be postponed or adjourned for reasonable cause or be dismissed or be heard in your absence. |