ADMINISTRATION APPEALS RULES

ADMINISTRATION APPEALS RULES

ADMINISTRATIVE APPEALS RULES.

(Cap. 1, section 64).

[14th November, 1969.1

1. These rules may be cited as the Administrative Appeals Rules.

2. In these rules, unless the context otherwise requires-

'appeal' means

(a)an appeal to the Governor in Council otherwise than by way of
petition; and

(b)an objection to the Governor in Council other than an objection
in writing;

&&applicant' means the person who initiates an appeal;

'committee' means a committee of members of the Executive Council
appointed under paragraph (1) of rule 9;

'Ordinance' means any Ordinance by which an appeal is provided;

',respondent' means any public officer who, or the head of any
Government department which, is concerned in an appeal.

3. No appeal shall lie if proceedings in respect of the matter of the
appeal have already been taken or initiated before a court.

4. An applicant shall submit for the consideration of the Governor
in Council a written memorandum, setting out the grounds of appeal
upon which he relies, within thirty days after the notification to him of
the decision against which he wishes to appeal.

5. A memorandum of appeal shall be written in the English or
Chinese language and delivered to the Clerk of Councils who shall
forward a copy thereof to the respondent.

6. The Clerk of Councils shall give the applicant not less than seven
days' notice of the hearing of the appeal, and shall furnish the applicant
with a copy of these rules.

7. The applicant may, if he so desires, be present at the hearing of
the appeal and be heard either in person or by counsel or solicitor:

Provided that if he elects to be heard by his counsel or solicitor he
shall not himself also be heard save by special leave of the Governor in
Council or of a committee appointed under rule 9 for the purpose of
hearing such appeal.





8. The respondent may, if he so desires, be present at the
hearing of the appeal and be heard either in person or by counsel
or solicitor:

Provided that if he elects to be heard by his counsel or solicitor
he shall not himself be heard except by special leave of the Governor
in Council or of a committee appointed under rule 9 for the purpose
of hearing such appeal.

9. (1) The Governor in Council may appoint a committee
of not less than two members of the Executive Council for the
purpose of hearing-
(a) any appeal or class of appeals;
(b)any appeal by way of petition or any class of such
appeals; or
(c)any objection in writing to the Governor in Council or
any class of such objections.

(2) The Governor in Council may in his discretion refer any
appeal or class of appeals, any appeal by way of petition or any
class of such appeals, or any objection in writing or any class of
such objections to the committee for such purpose.

10. (1) A committee shall hear any matter referred to it under
paragraph (2) of rule 9 and shall advise the Governor in Council
as to the decision that should be made thereon:

Provided that the Governor in Council shall not be bound to
accept the advice of such committee.

(2) Every hearing by a committee shall be in camera.

11. Rules 7 and 8 shall apply to any appeal by way of petition,
or objection in writing, which is referred to a committee, in same
manner as to an appeal.

12. The applicant and the respondent shall be informed of the
decision of the Governor in Council by the Clerk of Councils in
writing within fourteen days after the determination of the appeal
or within such other time or in such other manner as the Governor
in Council may specify.

13. (1) In any appeal the Governor in Council may 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 failure 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 before the
Full Court shall be in the discretion of the Full Court.

(4) Any party to the appeal shall be entitled to be heard by
counsel or in person on the hearing before the Full Court of any
case so stated.
L.N. 164/69. Citation. Interpretation. No appeal in certain cases. Time for appealing. Language of memorandum of appeal. Notice of hearing. Appearance of applicant. Appearance of respondent. Appointment of committee. Function of committee. Application of rules to petitions and written objections. Parties to be informed of decision. Case stated.

L.N. 164/69. Citation. Interpretation. No appeal in certain cases. Time for appealing. Language of memorandum of appeal. Notice of hearing. Appearance of applicant. Appearance of respondent. Appointment of committee. Function of committee. Application of rules to petitions and written objections. Parties to be informed of decision. Case stated.

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1964

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