【法规名称】
【法规编号】 79695 什么是编号？
【正 文】
第6页 CAP 131 TOWN PLANNING ORDINANCE
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[接上页] (Added 59 of 1974 s. 3) Cap 131 s 17 Right of review (1) Where an applicant is aggrieved by a decision of the Board under section 16, the applicant may, within 21 days of being notified of the decision of the Board, apply in writing to the secretary to the Board for a review of the Board's decision. (Amended 101 of 1991 s. 3) (2) On receipt of an application under subsection (1), the secretary to the Board shall fix a time and place for the review, which shall be a day not more than 3 months of the receipt of the application, and shall give 14 days' notice thereof to the applicant. (3) On a review under this section the applicant or his authorized representative may attend before the Board and shall be given an opportunity to make representations. (4) If the applicant or an authorized representative does not attend at the time and place fixed for the review, the Board may proceed with the review or adjourn it. (5) On a review under this section the Board shall consider any written representations submitted by the applicant. (6) On a review under this section, the Board may, subject to section 16(4), grant or refuse to grant the permission applied for and may exercise the powers conferred by section 16(5). (7) (Repealed 101 of 1991 s. 3) (Added 59 of 1974 s. 3) Cap 131 s 17A Constitution of Appeal Board Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 62 of 2000 s. 3 (1) The Chief Executive may appoint a panel of persons ("the Appeal Board panel") whom he considers suitable to sit as members of an Appeal Board to hear an appeal under section 17B. (Amended 62 of 2000 s. 3) (2) The Chief Executive shall not appoint- (Amended 62 of 2000 s. 3) (a) a member of the Board; (b) a public officer; (c) a Justice of Appeal,to the Appeal Board panel. (Replaced 14 of 1996 s. 2) (2A) For the avoidance of doubt, in subsection (2), "public officer" (公职人员) does not include a judge of the Court of First Instance, a recorder of the Court of First Instance, a deputy judge of the Court of First Instance or a District Judge. (Added 14 of 1996 s. 2. Amended 25 of 1998 s. 2) (3) The Chief Executive may appoint a member of the Appeal Board panel as Chairman of the panel and may appoint one or more members as Deputy Chairmen of the panel as he thinks fit. (Amended 14 of 1996 s. 2; 62 of 2000 s. 3) (4) The Chief Executive may appoint a public officer to be the secretary to the Appeal Board panel. (Amended 62 of 2000 s. 3) (5) On receipt of a notice of appeal, the secretary to the Appeal Board panel shall notify the Chairman of the panel who, subject to subsections (6), (7), (11) and (16), shall nominate an Appeal Board. (6) 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. (7) 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. (Amended 14 of 1996 s. 2) (8) Subsection (6) shall apply to a Deputy Chairman of the Appeal Board panel as it applies to the Chairman of the panel. (Amended 14 of 1996 s. 2) (9) Subject to subsections (6), (8), (11) and (16), the Chairman or a Deputy Chairman and 4 other members of the Appeal Board panel shall constitute an Appeal Board to hear an appeal. (Amended 14 of 1996 s. 2) (10) Subject to subsections (6), (8), (11) and (16), the Chairman or a Deputy Chairman of the Appeal Board panel shall act as Chairman of an Appeal Board. (Amended 14 of 1996 s. 2) (11) If the Chairman of the Appeal Board panel and the Deputy Chairman designated under subsection (7) 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 Chairman of the Appeal Board. (Amended 14 of 1996 s. 2; 62 of 2000 s. 3) (12) At least 3 members, one of whom must be the Chairman of the Appeal Board, shall be present to hear and determine an appeal. (13) The Appeal Board shall hear the appeal and a majority of the members hearing the appeal shall determine questions before it. (14) 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. (15) A member shall not take part in determining the questions before the Appeal Board unless he has been present at all the Appeal Board meetings held in respect of the appeal concerned. (16) 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 (7) shall act as Chairman; or |
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