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[接上页] (b) not be subject to any direction to which he might otherwise be subject in his capacity as a public officer.(6) Subject to the provisions of this Ordinance, the proceedings at any meeting of the Board shall be conducted in such manner as the Board may determine. (Part V added 97 of 1997 s. 10) Cap 167 s 15 Determination of applications to the Board Upon an application made to the Board under any regulation made under section 3(2)(g), the Chairman presiding at the meeting of the Board determining the application shall issue a certificate to the person making the application setting out the determination of the Board. (Part V added 97 of 1997 s. 10) Cap 167 s 16 Appeals PART VI APPEALS (1) A person who is aggrieved by- (a) a decision by a police officer or an authorized officer under section 6(1)(c)(i) or (ii) to destroy a dog of which he is the keeper; (b) a decision by an authorized officer under section 9 in specifying the place or period of detention under this Ordinance of a dog or cat of which he is the keeper or of any other thing of which he is the owner; (c) a decision by an authorized officer under section 10 to vary the period of detention under this Ordinance of a dog or cat of which he is the keeper or of any other thing of which he is the owner; (d) a decision by an authorized officer under section 11(1) to refuse an application for the removal from detention under this Ordinance of a dog or cat of which he is the keeper or of any other thing of which he is the owner; (e) a decision by the Director under section 11(2) to order the forfeiture of a dog or cat of which he is the keeper or of any other thing of which he is the owner; (f) a decision by the Director under section 17(2) to impose any condition in granting an exemption in respect of him under section 17,may, within 28 days after receiving notice of the decision, appeal to the Administrative Appeals Board. (2) (a) Where there is an appeal under subsection (1)(a), the decision that is appealed against shall be suspended in its operation as from the day on which the appeal is lodged until the appeal has been disposed of, withdrawn or abandoned. (b) Where there is an appeal under subsection (1)(b) to (f), the appeal shall not affect the operation of the decision that is appealed against, unless the Director decides otherwise and the notice of the decision contains a statement to that effect. (Part VI added 97 of 1997 s. 10) Cap 167 s 17 Exemption PART VII MISCELLANEOUS (1) The Director may, by notice published in the Gazette, exempt any person or class of persons or any dog or class of dogs from the provisions of any regulation made under this Ordinance, whether generally or in a particular case (whether or not by reference to any purpose or any circumstances), where he is satisfied that public and animal safety will not be endangered by such exemption. (2) An exemption under subsection (1) shall be subject to such conditions, if any, as the Director may specify in the notice published in the Gazette in respect of the exemption pursuant to subsection (1). (3) A person who contravenes a condition to which an exemption under subsection (1) is subject commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months. (Part VII added 97 of 1997 s. 10) Cap 167 s 18 General defence It shall be a defence to a charge in respect of the contravention of any provision of this Ordinance for the person charged to prove- (a) that the contravention was due to a mistake, an accident or some other cause beyond his control; and (b) that he took all reasonable precautions and exercised all due diligence to avoid the contravention. (Part VII added 97 of 1997 s. 10) Cap 167 s 19 Compensation (1) Subject to subsection (2), where a dog has been destroyed under section 6(1)(c)(iii), the Director may, where he considers to be just and equitable in all the circumstances of the case, including the conduct and relative blameworthiness of the keeper of the dog, pay to the keeper such sum of money as he thinks fit having regard to the market value of the dog immediately before it was destroyed. (2) No money shall be payable under this section in respect of a dog in relation to which an offence against any provision of this Ordinance has been committed prior to its destruction. (Part VII added 97 of 1997 s. 10) Cap 167 s 20 Service of notices, etc. (1) For the purposes of this Ordinance, a notice or other document required to be served on or given to any person in writing by the Director or an authorized officer under this Ordinance shall be deemed to have been duly served or given, if- (a) in the case of an individual, it has been- (i) delivered to him; (ii) left at his last known address; or (iii) sent by post to him at his last known address;(b) in the case of a body corporate, it has been- (i) delivered to an officer of the body corporate; (ii) left at the last known address of the body corporate; or |