【法规名称】
【法规编号】 79645 什么是编号？
【正 文】
第11页 CAP 563 URBAN RENEWAL AUTHORITY ORDINANCE
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[接上页] (a) lodge with the secretary to the Appeal Board panel a copy of witness statements, documents and any other thing to be given or produced in evidence at the hearing of the appeal; and (b) serve on each other a copy of witness statements and documents and shall give details of any other thing lodged with the secretary to the Appeal Board panel, which statement, document or thing is to be given or produced in evidence at the hearing of the appeal.(6) The appellant may abandon the whole or any part of his appeal before the date set for hearing or any adjourned date by giving the secretary to the Appeal Board panel and the Secretary not less than 7 days' notice in writing of his intention to abandon the whole or part of the appeal. (7) The hearing of an appeal shall be in public. (8) The appellant and the Secretary may appear before an Appeal Board in person or by an authorized representative. (9) Prior to or at the hearing of an appeal, an Appeal Board may- (a) consider and determine whether a party should have access to documents, records, books of account or other exhibits which the party claims are relevant to the appeal and which are in the possession or control of another person and order that other person to give the party access to such documents, records, books of account or other exhibits as it may think fit; (b) hear evidence on oath and administer any oath necessary to swear in a witness; (c) admit or take into account any statement, document, record, book of account, other exhibit, information or matter whether or not it would be admissible as evidence in a court of law; and (d) by notice in writing (a "summons"), summon any person to appear before it to give evidence and to produce any document, record, book of account or other exhibit specified in the summons.(10) A witness who is called to give evidence at an appeal shall have all of the rights and privileges of a witness in a civil action in the Court of First Instance. (11) Any person who- (a) is served with a summons under subsection (9)(d) and who- (i) refuses or neglects without sufficient cause to appear or to produce any document, record, book of account or other exhibit required to be produced; or (ii) refuses to be sworn or give evidence; or(b) refuses to comply with an order of the Appeal Board under subsection (9),commits an offence and is liable to a fine at level 5. (12) The Appeal Board shall inquire into any matter which it may consider relevant to the appeal, whether or not it has been raised by a party. (13) No decision of an Appeal Board shall be questioned by virtue of the absence of a member of the Appeal Board during the hearing of an appeal provided that member does not participate in the final decision of the Appeal Board. (14) At the completion of the hearing of an appeal, the Appeal Board- (a) may confirm, reverse or vary the decision appealed against as it thinks fit; (b) may, subject to paragraph (c), order any party to the appeal to pay only the costs and expenses incurred by the Appeal Board in hearing and determining the appeal, and the amount of such costs and expenses shall be determined by the Appeal Board having regard to- (i) the amount of remuneration and allowances payable to the Chairman and the members of the Appeal Board under section 27(21); and (ii) the amount of administrative or other costs and expenses incurred by the Appeal Board in relation to the hearing and determination of an appeal;(c) shall not make an order under paragraph (b) against the appellant unless it is satisfied that it is reasonable and just for the appellant to bear the costs and expenses of the hearing.(15) Where an Appeal Board makes an order for costs and expenses under subsection (14), the Appeal Board shall specify in the order- (a) the time limit for making payment, not being earlier than 14 days from the date of the order; and (b) the person to whom payment shall be made. Where an order for costs and expenses under this section is made against- (i) the appellant, the amount of the costs and expenses shall be recoverable as a civil debt; or (ii) the Secretary, the amount of the costs and expenses shall be paid out of the general revenue.(16) If a person mentioned in subsection (8) fails to appear on a date set for the hearing of an appeal, an Appeal Board may- (a) if it is satisfied that the failure to appear is due to reasonable cause, adjourn the hearing to a date, time and place that it thinks fit; (b) proceed to hear the appeal; or (c) dismiss the appeal, if the person who fails to appear as stated above is the appellant or the appellant's authorized representative.(17) If an Appeal Board dismisses an appeal under subsection (16)(c), an appellant may, within 14 days of the making of the order dismissing the appeal, apply in writing to the secretary to the Appeal Board for the Appeal Board to review its decision. (18) On a review under subsection (17), the Appeal Board may, if it is satisfied that the failure to appear was due to reasonable cause, set aside the order and fix a date, time and place as it thinks fit for the hearing, and, unless the parties agree, the date shall be not less than 14 days from the date of the review. |
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