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[接上页] (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.(6) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its powers under subsection (5). (Amended 25 of 1998 s. 2) (7) 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) (8) 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) (9) Any sum awarded to the Authority under subsection (5)(e) shall be a debt due to the Government and recoverable in the District Court and any sum payable by the Authority under such an award shall be charged on the general revenue. (Amended 34 of 1999 s. 3) (10) The Chairman may determine any form or matter of practice or procedure for which no provision is made in this Ordinance. (Enacted 1991) Cap 349 s 16 Supplementary provisions relating to appeals Remarks: Adaptation amendments retroactively made - see 34 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 34 of 1999 s. 3) (2) If a person appointed by the Chairman under section 15(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 14(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 1991) Cap 349 s 17 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 1991) Cap 349 s 18 Inspection of hotels and guesthouses PART VI SUPERVISION OF HOTELS AND GUESTHOUSES Any public officer authorized by the Authority in writing for the purposes of this section may, without warrant and on production, if so required, of his written authorization and his identity card issued under the Registration of Persons Ordinance (Cap 177)- (a) at all reasonable times enter and inspect any hotel, any guesthouse or any premises which he has reason to suspect are used as or for the purposes of a hotel or a guesthouse; (b) require any person taking part in the operation or management of a hotel or a guesthouse to produce any book, document or other article relating to the operation or management of that hotel or that guesthouse or to any other activity in respect of the hotel or the guesthouse or to furnish any information relating to such operation, management or activity; (c) remove for further examination any book, document, apparatus, equipment or any other article which he has reason to suspect is evidence of the commission of an offence against this Ordinance, or is evidence of a ground for the cancellation of the licence issued in respect of a hotel or a guesthouse; and (d) do such things as are necessary for the inspection of a hotel or a guesthouse or for the inspection or testing of any equipment, works or system used for or in connection with the operation, keeping, management or other control of the hotel or the guesthouse. (Enacted 1991) Cap 349 s 19 Secretary may direct remedial measures |