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[接上页] (19) The secretary to the Appeal Board shall keep a written record for each appeal of- (a) the name of the appellant; (b) grounds of appeal; (c) the name of the appellant's authorized representative, if any; (d) the name of the Secretary's authorized representative; (e) the name of any witness called by either party to the appeal; (f) an outline of the evidence of each witness; (g) the decision of the Appeal Board and the reasons for the decision; and (h) any orders made by the Appeal Board.(20) The secretary to the Appeal Board shall serve on both the appellant and the Secretary the decision of the Appeal Board, the reasons for the decision and any orders made by the Appeal Board. (21) The secretary to the Appeal Board shall publish in the Gazette notice of decision of the Appeal Board concerning- (a) any decision referred to in subsection (14), in the case where no review of the decision is applied under subsection (17); or (b) any decision of the Appeal Board after consideration of the review under subsection (17).(22) Any notice or order of an Appeal Board shall be issued under the hand of the Chairman of the Appeal Board. (23) The Chairman of the Appeal Board panel may, as regards the general application by all, determine the practice or procedure in relation to a matter if provision has not been made under this section and section 27 for the practice or procedure in respect thereof. (24) The Chairman of an Appeal Board may, as regards a particular hearing, determine the practice or procedure in relation to a matter if provision has not been made under this section and section 27 for the practice or procedure in respect thereof. Cap 563 s 29 Power of Secretary to recommend resumption PART VI RESUMPTION AND DISPOSAL OF LAND (1) The Authority may apply in writing to the Secretary requesting him to recommend to the Chief Executive in Council the resumption, under the Lands Resumption Ordinance (Cap 124)- (a) in relation to a development scheme contained in a corporate plan and a business plan or approved by the Financial Secretary under section 22, of any land within the area of a plan which is deemed to be a draft plan by virtue of section 25(7) of this Ordinance, after the approval of such plan by the Chief Executive in Council under section 9 of the Town Planning Ordinance (Cap 131); or (b) in relation to a development project contained in a corporate plan and a business plan or approved by the Financial Secretary under section 22, of any land that the Authority requires to implement such development project, after the authorization of such development project by the Secretary under section 24(4)(a), (5) or (7).(2) The Secretary shall not make a recommendation under subsection (1) unless- (a) in the case of a development scheme, application is made to him not later than 12 months after the approval by the Chief Executive in Council under section 9 of the Town Planning Ordinance (Cap 131) of the plan prepared under section 25(3)(a); (b) in the case of a development project, application is made to him not later than 12 months after the authorization by the Secretary under section 24(4)(a), (5) or (7) for the project to proceed.(3) The Authority shall set out in the application under subsection (1) the following information for consideration of the Secretary- (a) whether the Authority will implement the development scheme or development project on its own, in association with any other person or persons, or sell the land so resumed to any other person or persons; (b) for a development scheme, an assessment by the Authority as to the likely effect of the implementation of the development scheme including, in relation to the residential accommodation of persons who will be displaced by the implementation of the development scheme, an assessment as to whether or not, insofar as suitable residential accommodation for such persons does not already exist, arrangements can be made for the provision of such residential accommodation in advance of any such displacement which will result as the development scheme is implemented; (c) for a development project, an assessment by the Authority as to the likely effect of the implementation of the development project including, in relation to the residential accommodation of persons who will be displaced by the implementation of the development project, an assessment as to whether or not, insofar as suitable residential accommodation for such persons does not already exist, arrangements can be made for the provision of such residential accommodation in advance of any such displacement which will result as the development project is implemented.(4) A resumption in pursuance of a recommendation by the Secretary under this section shall be deemed to be a resumption for a public purpose within the meaning of the Lands Resumption Ordinance (Cap 124). Cap 563 s 30 Disposal of land resumed under Lands Resumption Ordinance (1) The Authority shall not sell or dispose of land resumed under the Lands Resumption Ordinance (Cap 124) that has been resumed for the purpose of a development scheme or a development project, unless prior approval for such sale or disposal has been granted by the Chief Executive in Council. |