【法规名称】
【法规编号】 79645 什么是编号？
【正 文】
第10页 CAP 563 URBAN RENEWAL AUTHORITY ORDINANCE
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[接上页] (7) Members of the Appeal Board panel may resign at any time by notice in writing given to the Chief Executive. (8) On receipt of a notice of appeal, the secretary to the Appeal Board panel shall notify the Chairman of the panel who shall, subject to subsections (9), (10), (15) and (20), nominate an Appeal Board to hear the appeal. (9) The Chairman of the Appeal Board panel shall not nominate an Appeal Board to hear an appeal or act as its Chairman if he has a direct or indirect interest in the appeal. (10) A Deputy Chairman of the Appeal Board panel designated for the purpose by the Chairman of the panel shall, in the absence of the Chairman of the panel, or if the Chairman of the panel has a direct or indirect interest in an appeal, nominate an Appeal Board to hear the appeal. (11) Subsection (9) shall apply to a Deputy Chairman of the Appeal Board panel as it applies to the Chairman of the panel. (12) A member of the Appeal Board panel shall not be nominated to an Appeal Board to hear an appeal or act as its member if he has a direct or indirect interest in the appeal. (13) Subject to subsections (9), (10), (12), (15) and (20), the Chairman or a Deputy Chairman and 4 other members of the Appeal Board panel shall constitute an Appeal Board to hear an appeal. (14) Subject to subsections (9), (10), (15) and (20), the Chairman or a Deputy Chairman of the Appeal Board panel shall act as the Chairman of an Appeal Board. (15) If the Chairman of the Appeal Board panel and the Deputy Chairman designated under subsection (10) have a direct or indirect interest in an appeal, the Chief Executive may appoint another Deputy Chairman or another member of the panel, who does not have a direct or indirect interest in the appeal, to nominate an Appeal Board to hear the appeal and to act as the Chairman of the Appeal Board. (16) At least 3 members, one of whom must be the Chairman of the Appeal Board, shall be present to hear and determine an appeal. (17) The Appeal Board shall hear the appeal and a majority of the members hearing the appeal shall determine questions before it. (18) Where there is an equality of votes in respect of any question to be determined in an appeal, the Chairman of the Appeal Board shall have a casting vote in addition to his original vote. (19) A member shall not take part in determining the questions before the Appeal Board unless he has been present at all the Appeal Board hearings held in respect of the appeal concerned. (20) If the Chairman of the Appeal Board panel is precluded by illness or absence from Hong Kong from exercising his functions- (a) the Deputy Chairman designated under subsection (10) shall act as Chairman; or (b) if the Deputy Chairman designated under that subsection is unable to act as Chairman, the Chief Executive may appoint another Deputy Chairman or another member to act as Chairman.(21) The Chairman and the members of an Appeal Board may be paid such remuneration and allowances as the Financial Secretary may determine. Cap 563 s 28 Appeals (1) An objector to a development project who is aggrieved by a decision of the Secretary under section 24(4)(a) or (7) may appeal by lodging a notice of appeal with the secretary to the Appeal Board panel, with a copy to the Secretary, within 30 days after notification of the Secretary's decision under section 24(9). (2) A notice of appeal under subsection (1) shall contain the following information- (a) the name, address and telephone number of the appellant and of the appellant's authorized representative, if any; (b) details of the decision appealed against; (c) the grounds of the appeal; (d) the name, address and telephone number of all proposed witnesses; and (e) particulars of the evidence to be given by the witnesses and documents and any other thing to be produced by or on behalf of the appellant sufficient to ensure that the Appeal Board and the Secretary are fully and fairly informed of the grounds of appeal.(3) On receipt of a notice under subsection (1), the secretary to the Appeal Board panel shall fix a date, time and place for the hearing of the appeal, which shall be a date not sooner than 30 days but not more than 60 days of receipt of such notice and shall give at least 14 days' notice thereof to the appellant and the Secretary. (4) The Secretary shall, within 30 days of receipt of a copy of a notice under subsection (1), serve on the secretary to the Appeal Board panel and on the appellant a notice containing the following information- (a) the name, address and telephone number of the Secretary's authorized representative; (b) the grounds for opposing the appeal; (c) the name, address and telephone number of all proposed witnesses; and (d) particulars of the evidence to be given by the witnesses and documents and any other thing to be produced by or on behalf of the Secretary sufficient to ensure that the appellant and the Appeal Board are fully and fairly informed of the grounds of opposing the appeal.(5) Not less than 7 days prior to the date set for the hearing of the appeal, the appellant and the Secretary shall- |
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