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[接上页] (Enacted 1995) Cap 459B s 13 Failure of appellant to serve notice of appeal on Director or to furnish particulars Where an Appeal Board is satisfied that the appellant has failed- (a) to serve a copy of the notice of appeal on the Director under section 4; (b) to furnish a statement of particulars to the Director and the Chairman under section 4; or (c) to furnish further particulars to the Director under section 5,the Appeal Board may dismiss the appeal. (Enacted 1995) Cap 459B s 14 Record of proceedings The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by the Appeal Board- (a) the grounds of the appeal; (b) the name of the appellant; (c) the name of any person who appears as a witness for the appellant; (d) the name of any person who appears as a witness for the Director; (e) the name of any person summoned as a witness before the Appeal Board; (f) the evidence of any person who gives evidence; (g) the decision of the Appeal Board; (h) the amount of any sum awarded under section 14 of the Ordinance in respect of the costs involved in the appeal; and the name of the person in favour of whom the award was made. (Enacted 1995) Cap 459B s 15 Service of notices by Chairman, Director or appellant Any notice required to be served under this Regulation- (a) by the Chairman on the appellant or the Director; (b) by the Director on the appellant; or (c) by the appellant on the Director,may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or of the Director, as the case may be. (Enacted 1995) Cap 459B s 16 Notice, statement or other document to be lodged with or furnished to the Chairman Any notice, statement or other document required to be lodged with or furnished to the Chairman under this Regulation may be lodged with or furnished to the Chairman by sending a copy by registered post addressed to the Chairman at the office of the Secretary for Health, Welfare and Food. (L.N. 198 of 1996; L.N. 106 of 2002) Cap 459B SCHEDULE [sections 3, 7, 8 & 12] FORM 1 [section 3] RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE (Cap 459) NOTICE OF APPEAL UNDER SECTION 12 OF THE ORDINANCE Before completing this form read the note below. To: Chairman of the Appeal Board 1. Full name of Appellant: ............................................................................................... 2. Address of Appellant: ................................................................................................. ........................................................ Telephone No.: ................................................. 3. Address of Appellant or name and address of duly authorized representative for service if different from the above: .................................................................................................................................. .................................................................................................................................. 4. Details of decision appealed against: (Attach copy of decision and indicate the particular aspect being the subject of the appeal) .................................................................................................................................. .................................................................................................................................. Dated this ......... day of ............... 19 ....... ........................................... Appellant. Please note: 1. This form is to be used by a person who is aggrieved by a decision of the Director under section 7, 8, 9 or 10 of the Ordinance. 2. This form must be completed in accordance with the directions specified in the form and lodged with the Chairman of the Appeal Board at the office of the Secretary for Health, Welfare and Food before the expiry of 28 days after the service upon you of notice from the Director in respect of the decision you wish to appeal against. 3. At the same time that this notice is lodged you are required to serve a copy of the notice on the Director, personally, or by registered post addressed to the last known address of the Director and to furnish to the Director and the Chairman a statement specifying the particulars of the appeal which you seek to establish, including such particulars of evidence to be adduced, documents to be produced, names of witnesses to be called and other circumstances as may suffice to ensure that the Appeal Board and the Director are fully and fairly informed of the grounds on which the appeal is based. You may also be required to furnish further particulars or produce documents for the inspection of the Director. 4. You are advised to read the Residential Care Homes (Elderly Persons) Ordinance and the Residential Care Homes (Elderly Persons) (Appeal Board) Regulation before lodging this notice of appeal. |