【法规名称】
【法规编号】 81905 什么是编号？
【正 文】
第6页 CAP 516 LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE
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[接上页] (3) The Board shall not appoint a member of the inquiry committee to be a member of the review committee. (4) The review committee may- (a) confirm the decision and any proposed order of the inquiry committee; (b) reverse a finding of guilt by the inquiry committee; (c) recommend that any proposed order made by the inquiry committee be varied; or (d) remit the decision or any proposed order of the inquiry committee to the inquiry committee with directions to reconsider the decision or proposed order or both.(5) The inquiry committee shall comply with the directions and recommendation, if any, of the review committee. Cap 516 s 26 Service of orders of inquiry committee (1) The Registrar shall serve a copy of any order made under section 23(1), together with a copy of the inquiry committee's reasons, or serve notice that the inquiry committee has not found that the registered landscape architect concerned committed a disciplinary offence, upon the registered landscape architect concerned, either personally or by registered post addressed to his registered address immediately when the Registrar receives- (a) the report of the review committee, unless the inquiry committee is to reconsider its decision; or (b) any order of the inquiry committee reviewed under section 25(4)(d).(2) The Registrar shall not remove the name of the registered landscape architect from the register before the expiry of a period of 28 days after the date of service of the order under subsection (1), and in the event of an appeal under section 28 or until the time therefor has expired shall await the decision of the Court of Appeal. (3) Any person whose name has been removed from the register under this Ordinance may apply to the Board for the restoration of his name to the register, and the Board may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application. (4) If the Board allows an application under subsection (3), it shall order the Registrar to restore the name of the applicant to the register on payment by the applicant of the prescribed fee. Cap 516 s 27 Publication of disciplinary orders (1) After the expiry of the time within which an appeal under section 28 against an order of an inquiry committee under section 23(1)(a) to (e) may be made, or where in the case of an appeal the order is affirmed or varied or the appeal is abandoned, the Board- (a) shall publish a copy of the order or the order as varied on appeal in at least one English and one Chinese language newspaper circulating daily in Hong Kong; and (b) may publish the order or the order as varied on appeal in any other publication or manner as the Board thinks fit.(2) Where an order is published under subsection (1), the Board- (a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and (b) may publish with such order an account of the proceedings of the inquiry committee.(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other particulars required or permitted under this section. Cap 516 s 28 Appeal to Court of Appeal Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 PART V APPEALS (1) Any person who is aggrieved by any decision made in respect of him under section 14(1), 15(5) or 23(1) may appeal to the Court of Appeal. (2) The Court of Appeal may affirm, reverse or vary the decision appealed against. (3) Where a person appeals against a decision of any inquiry committee, the Court of Appeal shall consider the reasons of the inquiry committee and submissions upon the findings of fact and law of the inquiry committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and any document put in evidence before the inquiry committee. (4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the inquiry committee. (5) The decision of the Court of Appeal upon any appeal shall be final. (6) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Amended 57 of 1999 s. 3) (7) The Court of Appeal shall not have power to hear any appeal against a decision or order made under section 14(1), 15(5) or 23(1) unless- (a) in the case of a decision made under section 14(1) or 15(5), notice of such appeal is given within 3 months after the applicant is notified in writing of the decision; (b) in the case of an order made under section 23(1), notice of such appeal is given within 3 months of the service of the order under section 26.(8) In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable. Cap 516 s 29 Use of title Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 PART VI |
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