PHARMACY AND POISONS (PHARMACY AND POISONS APPEAL TRIBUNAL) REGULATIONS

PHARMACY AND POISONS (PHARMACY AND POISONS APPEAL TRIBUNAL) REGULATIONS

TRIBUNAL) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

1.........Citation ......................- ... ... ... D 2

2. Interpretation ........................... ... ... ... ... ... ... D 2

3.............Notice of appeal ............. ... ... ... .... D 2

4......Fee ............................ ... ... ... ... ... ... . - D 2

5................Sittings of Tribunal ...... ... ... ... ... ... ... ... ... ... D 2
6................Hearing to be open ..... ... ... ... ... ... ... ... ... ... D 3

7....................Appearance of parties at appeal ... ... ... ... ... ... ... ... D 3

8................Procedure at hearing ...... ... ... ... ... ... ... ... ... ... D3

9.........Evidence ......................... ... ... ... ... ... ... ... ... D 3

10. Examination of witnesses ... ... ... ... ... ... ... ... ... ... D 3

11...........Adjournment .................... ... ... ... ... ... ... ... ... D 3

12................View of premises etc . .... ... ... ... ... ... ... ... ... ... D 3

13. Decision............................. ... ... ... ... ... ... ... ... D 3





PHARMACY AND POISONS (PHARMACY AND POISONS
APPEAL TRIBUNAL) REGULATIONS

(Cap. 138, section 30)

[1 January 1981.1

1. These regulations may be cited as the Pharmacy and
Poisons (Pharmacy and Poisons Appeal Tribunal) Regulations.

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

'appeal' means an appeal to the Tribunal under section 30 of the
Ordinance,

'chairman' means the member of the Tribunal appointed under
section 30(2)(a)(i), or for the time being designated to act as
chairman under section 30(6), of the Ordinance;

'Director' means the Director of -A.4edigg] and Health Ser~,;ccw or
his authorized representative;

'parties', in relation to an appeal, means the appellant and the
Director;

'Tribunal' means the Pharmacy and Poisons Appeal Tribunal
established by section 30 of the Ordinance.

3. (1) Any person who appeals to the Tribunal shall give
notice of the appeal in writing under paragraph (2), stating the
grounds of the appeal and any related matters on which the
gppellant intends to rely in support of the appeal, and he shall at
the same time send a copy of such notice to the Director.

(2) Notice of an appeal shall be given not later than 28 days
after the date of the decision appealed against and shall be
delivered to the chairman at the following address-
'The Chairman,
Pharmacy and Poisons Appeal Tribunal.
Boards and Councils Branch Office,
.44@dieal af~d llealth Departmen
Hong Kong.'.

4. There shall be payable in respect of each appeal a fee
Of $500.

5. (1) For the purpose of hearing an appeal, the Tribunal
shall sit on such day and at such place and time as the chairman
shall appoint.

(2) The chairman shall give not less than 14 days' notice in
writing to the parties of the date, place and time of the hearing of
the appeal.





6. The place where the Tribunal sits shall be open to the
public and, so far as circumstances permit, any person wishing to
hear the proceedings therein shall be admitted to that place:

Provided that the chairman of the Tribunal may prevent the
entry or order the removal of any person whose conduct or
presence is such as to interrupt or disturb the proceedings.

7. (1) The parties may appear before the Tribunal and be
heard in person or by counsel (whether a barrister or a solicitor)
or by any other person who is allowed by leave of the chairman
to appear on behalf of any of the parties.

(2) If at the time fixed for the hearing of an appeal the
appellant fails to appear, the Tribunal may adjourn the hearing
of the appeal to a later date or dismiss the appeal.

8. At the hearing of an appeal, the appellant shall present
his case to the Tribunal first and the Director may follow there-
after, and either party may make such submissions in respect of
the appeal as he may deem necessary or desirable.

9. (1) The parties may call witnesses to give evidence at
the 1-caring of the appeal and the Tribunal may bear such evidence
on oath, and for that purpose the chairman shall have full power
and authority to administer oaths.

(2) Evidence given orally at the hearing of an appeal shall be
recorded in such manner as the chairman may determine.

(3) If the parties consent, the chairman may accept evidence
by affidavit, but in such event the chairman may direct that the
person whose evidence is given by such affidavit shall attend for
examination by the Tribunal or the parties on any matter referred
to in the affidavit.

10. Any person who gives evidence before the Tribunal on
the hearing of an appeal may be cross-examined.

11. The chairman may at any stage of the hearing of an
appeal adjourn the hearing to a later time or date.

12. The Tribunal may, if the chairman is satisfied that it is
desirable for the purposes of an appeal to do so, visit any premises
or place in order to determine any question arising on the hearing
of the appeal relating to the character, location, dimensions,
suitability or other relevant aspect of such premises or place.

13. (1) The decision of the Tribunal on an appeal shall be
given in writing as a single decision together with a brief statement
of the reasons therefor, and shall be signed by the chairman.





(2) In the event of a difference between the members of the
Tribunal in deciding the appeal, the decision of the Tribunal shall
be that of the majority of the members; but if the members are
equally divided, the appeal shall be dismissed.

(3) In respect of every appeal, the decision of the Tribunal
shall be notified to the parties and the appellant shall, upon
application to the chairman, be furnished with a copy thereof.
L.N. 372/80. Citation. Interpretation. Notice of appeal. Fee. Sittings of Tribunal. Hearing to be open. Appearance of parties at appeal. Procedure at hearing. Evidence. Examination of witnesses. Adjournment. View of premises etc. Decision.

L.N. 372/80. Citation. Interpretation. Notice of appeal. Fee. Sittings of Tribunal. Hearing to be open. Appearance of parties at appeal. Procedure at hearing. Evidence. Examination of witnesses. Adjournment. View of premises etc. Decision.

https://oelawhk.lib.hku.hk/items/show/2667

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