【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第11页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (4) The Chief Executive may appoint a public officer to be the secretary to the Panel. (5) Members of the Panel shall be appointed for 3 years but shall be eligible for reappointment. (6) Members of the Panel may resign at any time by notice in writing given to the Chief Executive. (Enacted 1994. Amended 61 of 1999 s. 3) Cap 446 s 30 Constitution of a Drainage Appeal Board Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) On receipt of an application for a review under section 8(1) or a notice of appeal under section 28(1), the secretary to the Panel shall notify the Chairman of the Panel who, subject to subsections (2), (3), (6) and (7), shall nominate a Board. (2) The Chairman of the Panel shall not nominate a Board to review any decision of the Drainage Authority in question or hear an appeal or act as its chairman if he has a direct or indirect interest in the outcome of the review or the appeal. (3) Subject to subsection (7), the Deputy 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 the outcome of a review or an appeal, nominate a Board to proceed with the review or to hear the appeal. (4) Subsection (2) shall apply to the Deputy Chairman of the Panel as it applies to the Chairman of the Panel. (5) Subject to subsections (2), (4), (6) and (7), the Chairman or Deputy Chairman of the Panel shall act as chairman of a Board. (6) If the Chairman and Deputy Chairman of the Panel have a direct or indirect interest in the outcome of a review or an appeal, the Chief Executive may appoint another member of the Panel, who does not have a direct or indirect interest in the review or the appeal, to nominate a Board to proceed with the review or to hear the appeal and to act as chairman of the Board. (Amended 61 of 1999 s. 3) (7) If the Chairman and Deputy Chairman of the Panel are precluded by illness or absence from Hong Kong from exercising their functions, the Chief Executive may appoint another member of the Panel to act as chairman of the Board. (Amended 61 of 1999 s. 3) (8) A solicitor or barrister may be present at any proceedings of a Board to advise the chairman on any matter of law. (9) A member of a Board, other than a person who is in full-time employment in any office of remuneration under the Government, may be remunerated at such rate as the Financial Secretary may determine from time to time or in any particular case. (Amended 61 of 1999 s. 3) (Enacted 1994) Cap 446 s 31 Exercise of Drainage Appeal Board jurisdiction (1) At least 3 members, of whom one shall be the chairman of the Board and one shall be a registered professional engineer in the civil, geotechnical or structural engineering discipline, shall be present- (a) in every proceeding before the Board relating to a review and to determine the review; or (b) to hear and determine an appeal.(2) Every question before the Board shall be determined by the opinion of the majority of the chairman of the Board and the members present in the review or the appeal; in the event of an equality of votes the chairman of the Board shall have a casting vote. (Enacted 1994) Cap 446 s 32 Powers of Drainage Appeal Board Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) A Board may, for the purpose of proceedings before it- (a) receive and consider any material, whether, by way of oral evidence, written statements, documents or otherwise, whether or not such material would be admissible in evidence in civil or criminal proceedings; (b) by notice in writing signed by the chairman of the Board, require any person to appear before it at any proceedings and to give evidence and produce documents; (c) administer oaths and affirmations; (d) examine on oath or affirmation any person attending before it at any proceedings; (e) order the inspection of any land within a Drainage Authority Area by the Drainage Authority and authorize the entry on and viewing of such land.(2) The chairman and members of the Board may, for the purpose of proceedings before the Board, enter, inspect and view any land within a Drainage Authority Area. (3) A witness before the Board shall be entitled to the same immunities and privileges as if he were a witness in proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2) (4) Any notice or order of a Board shall be issued under the hand of the chairman of the Board. Cap 446 s 33 Appeal to Court of First Instance on point of law Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) A decision of the Board on an appeal under section 28 shall be final: Provided that any person aggrieved by the decision as being erroneous in point of law may appeal to the Court of First Instance, and upon any such appeal the Court of First Instance may confirm, reverse or vary the decision of the Board. (2) Notice of any such appeal shall be given within one month after notification of the decision of the Board. |
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