【法规名称】
【法规编号】 82127 什么是编号？
【正 文】
第4页 CAP 349 HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE
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[接上页] (e) on the ground that if it appears to him that- (i) the hotel or the guesthouse has ceased to be operated as such or to exist; or (ii) such person has ceased to operate, keep, manage or otherwise control the hotel or the guesthouse.(f) on the ground that, where the licence is issued or renewed for a period exceeding 36 months, an authorized person's certificate has not been submitted as required by section 8(5A) or 9(3A); (Added 39 of 1998 s. 8) (g) on the ground that an authorized person's certificate submitted under section 8(5A) or 9(3A) is incomplete, incorrect or false in any material particular. (Added 39 of 1998 s. 8) (Enacted 1991) Cap 349 s 11 Notice of refusal of renewal and of cancellation or suspension (1) The Authority shall, before serving notice under section 10, give to the person holding the licence notice of his intention to do so, stating the grounds on which he intends to serve notice under that section and indicating that the person holding the licence may make written representations to him. (2) If the Authority decides to serve notice under section 10, he shall make a written order, properly dated and signed, to that effect and shall send a copy thereof by registered post to the person holding the licence, at the address last known to the Authority. (Enacted 1991) Cap 349 s 12 Transfer of licence (1) Except as provided in this section a licence shall not be transferable. (2) The Authority may, upon application to him in such form and manner as he may determine, and on cause being shown to his satisfaction, permit the transfer to another person of a licence until its expiration and such transfer shall be endorsed on the licence. (3) Where a licence is transferred under subsection (2), a reference in section 9, 10, 11 or 21(4) to the person holding the licence shall, as respects that licence, be construed as a reference to the person to whom the licence has been transferred. (Enacted 1991) Cap 349 s 13 Appeals against decisions of the Authority PART V APPEALS (1) Any person aggrieved by a decision of the Authority under section 6, 8, 9, 10 or 12 may appeal to the Appeal Board. (2) A decision under section 10 that is appealed against under subsection (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Authority, be contrary to the public interest and the notice of the decision contains a statement to that effect. (3) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 28 days after receiving notice of the decision to which the appeal relates. (Enacted 1991) Cap 349 s 14 Appeal Board Remarks: Adaptation amendments retroactively made - see 34 of 1999 s. 3 (1) Every appeal shall be determined by the Appeal Board constituted under section 15. (2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336). (3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be re-appointed. (4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section 15 as members of the Appeal Board to hear any appeal. (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. (Enacted 1991. Amended 34 of 1999 s. 3) Cap 349 s 15 Constitution of Appeal Board Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 34 of 1999 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 14(4) as the Chairman may, subject to subsection (4), appoint to be members thereof to hear any appeal. (2) In hearing an appeal the Appeal Board may, in relation to such appeal, give directions to the Authority with respect to the exercise by the Authority of such of the functions of the Authority under this Ordinance as are relevant to the appeal and the Authority shall comply with any such direction. (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) The Appeal Board shall not at any time consist of a majority of persons who are public officers. (5) 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; |
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