ADMINISTRATIVE APPEALS RULES

ADMINISTRATIVE APPEALS RULES

INTERPRETATION.

ADMINISTRATIVE APPEALS RULES.

(Cap. I, section 42).
(Ordinance No. 2 Of 1950).

[I-st September, 19So.]

1. These rules may be cited as the Administrative

Appeals Rules.

2. In these rules

&(enactment' means an enactment in which an appeal to the

Governor in Council is provided;

$.$applicant' means the person who initiates an appeal to the

Governor in Council;

'respondent' means any pub public servant who is concerned in
such an appeal, and where no such person is specified
in an enactment means the head of any department
which is concerned.

3. No appeal shall lid if proceedings have already been

taken or initiated before the Court or a magistrate in respect of the
matter of the appeal.

4. A person may appeal who-

(a)is dissatisfied with the exercise of the discretion of any
person to whom discretionary power is given tinder an
enactment in respect of any act, matter or thing which is by
the enactment made subject to the exercise of the discretion
of such authority or

(b)is dissatisfied with any action or decision of an), such person.
either as to the carrying out of or the meaning of any of the
provisions of the enactment;

(c)considers that any of the provisions of the enactment are,
owing to special conditions, undesirable.

5. The grounds of such. appeal shall be concisely

stated in writing in the English language, and shall be delivered to the
Clerk of Councils.

6. The Clerk of Councils shall -give the applicant

seven days' notice of the hearing of the appeal, and shall





at the same time furnish the applicant with a cop), of section 42 of the
Interpretation Ordinance, and a copy of these rules.

7. The applicant may, if he so desires, be present at the hearing of
such appeal and be heard in its support either in person or by his
representative Provided that if lie elects to be heard by his
representative he shall not himself be heard except by special leave of
the Governor in Council.

8. (1) The Governor in Council shall thereafter determine the matter
in the absence of, and without further reference to the respondent.

(2) It shall be lawful for the Governor in Council to appoint a
committee consisting of members of Executive Council for the purpose
of hearing any such appeal and of advising him as to the decision that
should be made thereon Provided that the Governor in Council shall
riot be bound to accept such advice.

9. (1) If in the opinion of the Governor in Council, the exercise of
such discretion or such action or decision requires modification,
revocation, or setting aside, or such special conditions exist as render
any such provision Lindesirable, fie may make such order in respect
thereof as may be just.

(2) In such event, or if the appeal be dismissed, the applicant shall
be informed of such order or such dismissal by the Clerk of Councils in
writing within fourteen days of the determination of the appeal or
within such time and in such manner as the Governor in Council shall
otherwise specify.

10. (1) In any appeal the Governor in Council may at any time in,
his discretion direct a case to be stated for the opinion of the Full Court
on any question of law involved in any appeal submitted to him.

(2) The terms of any such case shall be agreed upon by the parties
concerned, or in the event of their fialure to agree shall be settled by
the Full Court.





(3) The Full Court shall hear and determine the question of law
arising on any case stated as aforesaid, and



shall remit the matter to the Governor in Council who shall give effect
by order to the finding of the court. The costs of such hearing shall be
in the discretion of the court.

(4) Any party to the appeal shall be entitled to be heard by
counsel or in person on the hearing of any case so stated.

CHAPTER 2.
(Ordinance No. 8 of 1933).
FULL COURT.
No subsidiary legislalion

CHAPTER 3.
(Ordinance No. 6 of 1887).
JURY.
No subsidiary legislation
Ord. 2 of 1950, s. 39A, Fourth Schedule. Citation. Interpretation. No appeal in certain cases. Grounds of appeal. Statement of grounds of appeal in writing. Notice of hearing. [r. 6 cont.] (Cap. 1.) Appearance. Determination of appeal. Power to make order, Ordinances appeal and modifications thereof. Case stated.

Ord. 2 of 1950, s. 39A, Fourth Schedule. Citation. Interpretation. No appeal in certain cases. Grounds of appeal. Statement of grounds of appeal in writing. Notice of hearing. [r. 6 cont.] (Cap. 1.) Appearance. Determination of appeal. Power to make order, Ordinances appeal and modifications thereof. Case stated.

https://oelawhk.lib.hku.hk/items/show/1634

1950

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