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[接上页] (3) When lodging a notice under subsection (2), the appellant shall at the same time serve a copy of such notice on the Commissioner. (4) Where the Appeal Board sets aside an order for dismissal under subsection (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date so fixed, serve on the appellant and on the Commissioner notice of the date, time and place in Form 2 in the Schedule. (Enacted 1993) Cap 435A s 13 Failure of appellant to serve notice of appeal on the Commissioner 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 Commissioner under section 4; (b) to furnish a statement of particulars to the Commissioner and the Chairman under section 4; or (c) to furnish further particulars to the Commissioner under section 5,the Appeal Board may dismiss the appeal. (Enacted 1993) Cap 435A s 14 Record of proceedings The Chairman shall take or cause to be taken in writing a full record, so far as circumstances permit, of the following matters in respect of every appeal heard by the Appeal Board- (a) the name of the appellant; (b) the grounds of the appeal; (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 Commissioner; (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 13 of the Ordinance to the Commissioner or to the appellant in respect of the costs involved in the appeal. (Enacted 1993) Cap 435A s 15 Service of notices by Chairman, Commissioner or appellant Any notice required to be served under this Regulation- (a) by the Chairman on the appellant or the Commissioner; (b) by the Commissioner on the appellant; or (c) by the appellant on the Commissioner,may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or of the Commissioner, as the case may be. (Enacted 1993) Cap 435A SCHEDULE Remarks: Amendments retroactively made - see 25 of 1998 s. 2 [sections 3, 7, 8 & 12] FORMS FORM 1 [section 3] AMUSEMENT GAME CENTRES ORDINANCE (Cap 435) NOTICE OF APPEAL UNDER SECTION 11 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 Commissioner for Television and Entertainment Licensing ("the Commissioner") under section 5, 6 or 9 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 ("the Chairman") at the office of the Registrar, High Court before the expiry of 28 days after the service upon you of notice from the Commissioner 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 Commissioner, personally, or by registered post addressed to the last known address of the Commissioner and to furnish to the Commissioner 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 Commissioner 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 Commissioner. |