【法规名称】
【法规编号】 79787 什么是编号？
【正 文】
第2页 CAP 123L BUILDING (APPEAL) REGULATION
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[接上页] (Enacted 1994) Cap 123L s 8 Issue of witness summons The Tribunal may, on application made in that regard by a party to an appeal, issue a summons signed by the Chairman, requiring a person to appear before the Tribunal at a hearing and give evidence or produce any document in his custody, control or possession. (Enacted 1994) Cap 123L s 9 Hearing to be in public (1) Subject to subsections (2) and (3), the hearing of an appeal shall be in public. (2) The Tribunal may, by order, direct that a hearing or part of a hearing is to be held in private, if after consulting the parties to the appeal it is satisfied that it is desirable to do so, and give directions as to the persons who may be present. (3) Where the Tribunal makes an order under subsection (2), it may give directions prohibiting the publication or disclosure to some or all of the parties to the appeal, or to some or all of the persons referred to in subsection (2), of evidence given before the Tribunal or any matter contained in a document lodged with or received in evidence by the Tribunal. (4) In exercising its powers under subsections (2) and (3), the Tribunal shall, in addition to any other matter it may take into account, take into account any views or the private interests of and any claim as to privilege by any party to the appeal. (5) Any claim as to privilege arising at a hearing shall be treated as a question of law. (Enacted 1994) Cap 123L s 10 Withdrawal of appeal (1) The appellant may withdraw his appeal or abandon any part of it by giving notice in writing to the Secretary. (2) An appellant who gives a notice under subsection (1) shall serve a copy thereof on the Building Authority as soon as practicable after giving it. (Enacted 1994) Cap 123L s 11 Consequences of failure by appellant to furnish statements, particulars, etc. Where the Tribunal is satisfied that the appellant has failed to- (a) serve a copy of the notice of appeal on the Building Authority under section 3(3); (b) furnish a statement under section 4(1) or serve a copy of it under section 4(2); or (c) comply with a request made under section 6(2),it may dismiss the appeal. (Enacted 1994) Cap 123L s 12 Record of hearing and publication of decision (1) At any hearing the Chairman shall record or cause to be recorded the grounds of appeal, the name of the appellant, the names of all the witnesses who have been summoned or have appeared at the hearing, the evidence given and the decision of the Tribunal and the reasons for it and any order for costs. (2) The decision of the Tribunal at the conclusion of a hearing, reasons for the decision and any order for costs shall be signed by the Chairman and the other members of the Tribunal and a copy of each of those shall be served on both the appellant and the Building Authority. (3) The Tribunal may publish, in a manner it thinks fit, any decision referred to in subsection (2), including a decision made at the conclusion of a hearing the whole or any part of which was held in private under section 9(2). (Enacted 1994) Cap 123L s 13 Extension of time limits (1) The Tribunal may upon application by a party extend, as regards the case to which the application relates, any time limit specified in section 4(1), 5(a) or 6(2) or (3), if it considers it appropriate to do so. (2) The power of the Tribunal under subsection (1) may be exercised by the Chairman. (Enacted 1994) Cap 123L s 14 Service of notices, etc. Subject to section 3(2), for the purposes of this Regulation, the service of any notice, statement, order, summons, particulars in writing or other document shall be effected, in the case of service- (a) on the Tribunal or the Secretary, by serving it or them personally on the Secretary or by sending by registered post addressed to him at his office; (b) on the Building Authority, by serving it or them personally or by sending by registered post addressed to the Building Authority at his office; and (c) on an appellant or any other person- (i) who is an individual, by serving it or them personally or by sending by registered post addressed to him at his last known place of residence; or (ii) who is not an individual, by sending it or them by registered post to its registered address or last known place of business. (Enacted 1994) |
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