【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第9页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
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[接上页] (11) The Director of Highways shall serve a notice of the Review Board's decision on the permittee concerned within 14 days from the date of the decision of the Review Board. (12) The Director of Highways shall appoint a public officer to be the secretary of the Review Board and the officer shall keep a record of every meeting of the Review Board. (13) The Review Board may— (a) vary the decision complained of; (b) require a permittee who applied for a review under subsection (7) to pay extra prescribed fee; and (c) refund any prescribed fee or any part of the prescribed fee paid by the permittee.(14) After receipt of an application under subsection (7), if the Director of Highways fails to serve a notice of the Review Board's decision on the applicant within the time specified in subsection (11), then— (a) where subsection (7)(b) is applicable, the result of the permittee's assessment shall be taken to be the decision of the Review Board; or (b) in any other case, the decision made by the Chief Engineer under subsection (5) on the subject matter of the application shall be taken to be the decision of the Review Board,and the Review Board may, in accordance with the decision, exercise any of the powers conferred on it under subsection (13). (15) Except a decision relating to an assessment made under subsection (1)(d), (g), (h) or (i), the following decision shall be final— (a) any decision made under subsection (13); or (b) any decision taken to be the decision of the Review Board under subsection (14).(16) An application for a review of an assessment or decision made under this section does not affect the obligation of a permittee to pay the appropriate prescribed fee as required by the Authority under this Part. (17) Any payment of extra prescribed fees and refund of prescribed fees or any part thereof under this section shall be paid by a permittee or the Authority, as the case may require, without interest. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10N Review Panel (1) The Secretary may appoint a panel of not more than 20 persons ("the Review Panel") whom he considers suitable to sit as members of a Review Board to review the Chief Engineer's decision under section 10M(5). (2) The Secretary shall not appoint any public officer to the Review Panel. (3) A person appointed under subsection (1) shall hold office for a period of 3 years and may— (a) be reappointed; (b) resign by notice in writing served on the Secretary.(4) A person appointed under subsection (1) shall not hold office for more than 6 consecutive years. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10O Review Board (1) On receipt of a notification under section 10M(8), the Secretary shall— (a) compile a list of the names of members whom he intends to appoint to constitute the Review Board to review the Chief Engineer's decision under section 10M(5); (b) serve a notice on the members mentioned in paragraph (a) requiring them to make a declaration as to whether they have or do not have any direct or indirect interest in the review concerned within 7 days from the date of service of the notice; and (c) serve a notice on the permittee concerned notifying him the names of the members mentioned in paragraph (a) and his right to raise any objection on the appointment of any member on the ground that the member has direct or indirect interest in the review within 7 days from the date of service of the notice.(2) The objection in subsection (1)(c) shall be in writing and shall be accompanied by all written statements and other documentary evidence relied upon by the permittee concerned in support of the objection. (3) After the expiry of the period allowed for the declaration of interest and the raising of objection under subsection (1)(b) and (c), the Secretary shall, subject to subsections (5) and (6), finalize the composition of the Review Board by appointing 3 or 5 persons (excluding the Chairman) from the list compiled under subsection (1) to constitute the Review Board after taking into consideration the declaration of interest of the members and the objection raised by the permittee concerned. (4) The Director of Highways shall be the Chairman of the Review Board. (5) For the purpose of subsection (3), the Secretary shall appoint— (a) at least one public officer of the rank of Government Engineer or above or a public officer of equivalent rank with engineering qualifications relevant to the excavation concerned from the Highways Department; (b) at least one member from the Review Panel; and (c) 1 or 3 other persons as he thinks fit.(6) The majority of the persons constituting a Review Board, excluding the Chairman, shall be persons other than public officers. (7) If at any time during the review proceedings, it is discovered that any member of the Review Board has a direct or indirect interest in the review concerned, the Chairman may adjourn the proceedings and inform the Secretary. (8) The Secretary shall terminate the appointment of the member and appoint another member by applying the procedures in subsections (1), (2) and (3) with necessary modification as he thinks fit. |
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