【法规名称】
【法规编号】 82093 什么是编号？
【正 文】
第4页 CAP 459 RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE
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[接上页] (3) In relation to the hearing of appeals every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the Chairman. In the case of an equality of votes the Chairman shall have a casting vote. (4) In hearing an appeal the Appeal Board may- (a) receive evidence on oath; (b) admit or take into account any statement, document, information or matter whether or not it would be admissible in a court of law; (c) by notice in writing summon any person to appear before it to produce any document or to give evidence; (d) confirm, vary or reverse the decision that is appealed against or substitute therefor such other decision or make such other order as it may think fit; and (e) make an award of such sum, if any, in respect of the costs involved in the appeal as is just and equitable in all the circumstances of the case.(5) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its powers under subsection (4). (Amended 25 of 1998 s. 2) (6) If any person- (a) on being duly summoned as a witness before the Appeal Board makes default in attending; (b) being in attendance as a witness refuses to take an oath legally required by the Appeal Board to be taken, or to produce any document in his power or control legally required by the Appeal Board to be produced by him, or to answer any question to which the Appeal Board may legally require an answer; or (c) does any other thing which would, if the Appeal Board had been a court of law having power to commit for contempt, have been contempt of that court,the Chairman may certify the contempt of that person under his hand to the Court of First Instance and the Court of First Instance may thereupon inquire into the alleged contempt and after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the court. (Amended 25 of 1998 s. 2) (7) A witness before the Appeal Board shall be entitled to the same immunities and privileges as if he were a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2) (8) Any sum awarded to the Director under subsection (4)(e) shall be a debt due to the Government and recoverable in the District Court and any sum payable by the Director under such an award shall be charged on the general revenue. (Amended 17 of 1999 s. 3) (9) The Chairman may determine any form or matter of practice or procedure for which no provision is made in this Ordinance. (Enacted 1994) Cap 459 s 15 Supplementary provisions relating to appeals Remarks: Amendments retroactively made - see 17 of 1999 s. 3 (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment. (Amended 17 of 1999 s. 3) (2) If a person appointed by the Chairman under section 14(1) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in section 13(4) to act in his place. (3) The hearing of an appeal may be continued notwithstanding a change in the membership of the Appeal Board. (Enacted 1994) Cap 459 s 16 Case may be stated for Court of Appeal (1) The Appeal Board may, before an appeal is determined, refer any question of law arising in the appeal to the Court of Appeal for determination by way of case stated. (2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment. (Enacted 1994) Cap 459 s 17 Appointment of inspectors PART VI SUPERVISION OF RESIDENTIAL CARE HOMES The Director may by notice in writing appoint- (a) any officer of the Social Welfare Department; (b) any officer of the Buildings Department; (c) any person who is registered as a medical practitioner, or who is deemed to be so registered under section 29 of the Medical Registration Ordinance (Cap 161); and (d) any person whose name appears on the register of nurses maintained under section 5 of the Nurses Registration Ordinance (Cap 164),to be an inspector of residential care homes. (Enacted 1994) Cap 459 s 18 Inspection of residential care homes The Director, any officer of the Fire Services Department or any inspector may, without warrant and on production, if so required, of proof of his identity as the Director, officer of the Fire Services Department or inspector as the case may be, and of his identity card issued under the Registration of Persons Ordinance (Cap 177)- |
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