【法规名称】
【法规编号】 82105 什么是编号？
【正 文】
第4页 CAP 435 AMUSEMENT GAME CENTRES ORDINANCE
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[接上页] (3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be reappointed. (4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section 13 as members of the Appeal Board to hear any appeal. (Amended 59 of 2000 s. 3) (5) An appointment under subsection (2) or (4) shall be notified in the Gazette. (6) The Chairman and any person appointed under subsection (4) may at any time resign by notice in writing to the Chief Executive. (Amended 59 of 2000 s. 3) (Enacted 1993) Cap 435 s 13 Constitution of Appeal Board Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 59 of 2000 s. 3 (1) The Appeal Board shall consist of the Chairman and such number of persons, being not less than 2, from the panel referred to in section 12(4) as the Chairman may, subject to subsection (3), appoint to be members thereof to hear any appeal. (2) 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. (3) The Appeal Board shall not at any time consist of a majority of persons who are public officers. (4) Prior to or at the hearing of an appeal the Appeal Board may- (a) consider and determine whether a party should have access to documents which the party claims are relevant to the appeal and which are in the possession or control of another person and order that other person to give the party access to such documents; (b) receive evidence on oath and administer any oath necessary for that purpose; (c) admit or take into account any statement, document, information or matter whether or not it would be admissible in a court of law; (d) by notice in writing summon any person to appear before it to produce any document or other thing specified in the notice or to give evidence; (e) give directions to the Commissioner with respect to the exercise by the Commissioner of such of the functions of the Commissioner under this Ordinance as are relevant to the appeal and the Commissioner shall comply with any such direction; (f) 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 (g) make an award to the Commissioner or to the appellant 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) Any person who is served with a summons under subsection (4) and who- (a) on being summoned as a witness before the Appeal Board makes default in attending; (b) being in attendance as a witness refuses to take an oath required by the Appeal Board to be taken, or to produce any document or other thing in his possession or control required by the Appeal Board to be produced by him, or to answer any question to which the Appeal Board may 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,commits an offence and is liable to a fine of $50000. (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 Commissioner under subsection (4)(g) shall be a debt due from the appellant to the Government and recoverable in the District Court and any sum payable by the Commissioner to the appellant under such an award shall be charged on the general revenue. (Amended 59 of 2000 s. 3) (9) The Chairman may determine any form or matter of practice or procedure for which no provision is made in this Ordinance. Cap 435 s 14 Supplementary provisions relating to appeals Remarks: Adaptation amendments retroactively made - see 59 of 2000 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 59 of 2000 s. 3) (2) If a person appointed by the Chairman under section 13(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 12(4) to act in his place. (3) The hearing of an appeal may be continued notwithstanding any change in the membership of the Appeal Board and no decision of the Appeal Board shall be questioned by virtue of the absence of a member of the Appeal Board during the hearing of an appeal provided that member does not participate in the final decision of the Appeal Board. |
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