【法规名称】
【法规编号】 79404 什么是编号？
【正 文】
第13页 CAP 311 AIR POLLUTION CONTROL ORDINANCE
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[接上页] (2) On any appeal an Appeal Board may confirm, reverse or vary the decision, requirement or specification appealed from. (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 that may reasonably be required.(6) In hearing an appeal, the Appeal Board may make an award for the costs involved in the appeal that is just and equitable in all the circumstances of the case, and for an appeal under section 31(1)(a) or (w) where the appellant was required to cease operations in order to comply with an abatement notice pending the hearing of the appeal, for compensation that is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of the appellant and his servants and agents, and of the public officers and any other persons concerned. (Replaced 13 of 1993 s. 25) (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 (5)(a) or (c). (Amended 25 of 1998 s. 2) (8) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor by or under this Ordinance. (9) If a person- (a) on being summoned as a witness before the Appeal Board fails to attend; (b) attending as a witness refuses to be sworn or to produce a document or to answer a question as the Appeal Board may legally require of him; or (c) does any other thing which would, if the Appeal Board had been a court of law with power to commit for contempt, have been contempt of that court,the Chairman may certify under his hand the act of the person as contempt and the Court of First Instance may inquire into the alleged contempt. (Added 13 of 1993 s. 25. Amended 25 of 1998 s. 2) (10) After hearing any witnesses who may give evidence against or on behalf of the person charged with contempt, the Court of First Instance may punish the person as if he had been guilty of contempt of the Court of First Instance. (Added 13 of 1993 s. 25. Amended 25 of 1998 s. 2) (11) A witness before the Appeal Board is entitled to the same immunities and privileges as if he were a witness in civil proceedings before the Court of First Instance. (Added 13 of 1993 s. 25. Amended 25 of 1998 s. 2) (12) A sum awarded as costs or compensation on an appeal is enforceable as a civil debt and costs payable by the Authority on an appeal are a charge on the general revenue. (Added 13 of 1993 s. 25) Cap 311 s 34 Supplementary provisions as to Appeal Board (1) If the Chairman 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 functions, duties and powers of the Chairman during the period of his appointment. (2) If a person appointed by the Chairman under section 33(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 32(4) to act in his place. (3) The Chairman |
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