ROYAL HONG KONG AUXILIARY AIR FORCE (PENSIONS) REGULATIONS

ROYAL HONG KONG AUXILIARY AIR FORCE (PENSIONS) REGULATIONS

ROYAL HONG KONG AUXILIARY AIR FORCE (PENSIONS)
REGULATIONS

ARRANGEMENT OF REGULATIONS

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

PART 1
PRELIMINAR
Y

1. Citation............................... 1 ... ... ... ... ... C 3

2. Interpretation............................... ... ... ... ... ... ... C 3

3. Administration of the Order by Her Majesty ... ... ... ... ... ... C 4

PART 11
POWERS AND FUNCTIONS OF THE
BOARD

4..................Establishment of the Board ... ... ... ... ... ... ... ... ... C 4

5.....................Appointment of medical advisers ... ... ... ... ... ... ... ... C 4

6..................Power to authorize payments ... ... ... ... ... ... ... ... ... C 4

7..............................Claims after retirement or discharge from the Force ... ... ... ... C 4

8.........................Claims in respect of disablement or death ... ... ... ... ... ... C 4

9................Applications for review ... .. ... ... ... ... ... ... ... C 5

10....................Records to be kept by the Board ... ... ... ... ... ... ... ... C 5
11....................Notification of Board's decisions ... ... ... ... ... ... ... ... C 5
12....................Notices by the Board ... ... ... 1. ... ... ... ... C 5

13.......................Accountant General to make payments ... ... ... ... ... ... C 6

PART III
APPEALS
14.......................Establishment and sittings of the Tribunal ... ... ... ... ... C 6

15....................Powers of Tribunal on appeal ... ... ... ... ... ... ... ... C 6

16.........Appeals .......................... ... ... ... ... . ... ... C 6

17................Time limit for appeals ... ... ... ... ... ... ... ... ... 1. C 6

is.........Appellants ....................... ... ... ... ... ... ... ... ... C 6

19....................Statement of the case and answer ... ... ... ... ... ... ... ... C 7

20.............Further information .......... ... ... ... ... ... ... ... ... ... C 8

21..............................Disclosure of official documents and information ... ... ... ... C 8

22................Notice of date of hearing ... ... ... ... ... ... ... ... ... ... C 8
23................Notice of inability to appear ... ... ... ... ... ... ... ... ... C 8
24................Adjournment of hearing .... ... ... ... ... ... ... ... ... ... C 9
25. Failure to appear C 8
26. Re-hearing after failure to appear C 9





Regulation Page
27. Withdrawal of appeal ... ... ... ... ... ... c 9

28. Death of appellant ... ... ... ... ... ... ... ... ... ... ... ... c 9

29. Representation of the appellant and the Board ... ... ... ... ... ... c 9

30. Procedure at hearing... ... 1 ... ... ... ... ... ... ... ... c 9

31. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... c 10

32. Penalty for failure to give evidence... . ... ... ... ... ... ... C10

33. Notice of evidence by medical practitioner ... ... ... ... ... ... ... c 10

34. Medical examination of appellant ... ... ... ... ... ... ... ... ... c 10

35. Hearings in public or in camera ... ... ... ... ... ... ... ... ... c 11

36. Tribunal not bound by rules of evidence ... ... ... ... ... ... ... c 11

37. Matters not provided for in regulations . ... ... ... ... ... ... c 11

38. Appeal in absence of appellant ... ... ... ... ... ... ... ... ... c 11

39. Appellant unable to attend Tribunal through physical or mental infirmity c
11

40. Appellant resident outside the Colony ... ... ... ... ... ... ... ... C 12

41. Extension of time 1 .. ... ... ... ... ... ... ... ... 1 1 . ... ... C 12

42. Announcement of decision of the Tribunal... ... ... ... ... C 12

43. Record of decisions ... ... . ... ... ... ... ... ... C 12

44. Notices to the secretary ... ... ... ... ... ... ... ... ... ... ... C 12

45. No court fees payable ... ... ... 1.1 ... ... ... ... ... C 13

46. Allowances for witnesses and other expenses ... ... ... ... ... ... C 13

47. Payment of medical and other fees... ... ... ... ... ... ... ... C 13

48. Claims for allowances, etc. ... ... ... ... ... ... C 14

49. Irregularities ... ... ... ... ... ... ... C 14

Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... C 14





ROYAL HONG KONG AUXILIARY AIR FORCE L.N. 62173.
(PENSIONS) REGULATIONS

(Cap. 198, section 15(5)
[23rd March, 1973.1

PART I
PRELIMINARY

1. These regulations may be cited as the Royal Hong Kong Citation. Auxiliary
Air Force (Pensions) Regulations.

2. In these regulations, unless the context otherwise re- Interpretation. quires

assessment- means an assessment of the degree of disablement of an
officer or member;

award' means an award of pension, gratuity, allowance or other
payment under the Order by- Her~ Majesty

'Board' means the Pensions Assessment Board established by
regulation 4;

'chairman' means the chairman of the Tribunal;

claim' means a claim for pension, gratuity, allowance or other payment
under section 15 of the Ordinance and the expression 'claimant'
refers to the person making such a claim;

'disablement' means physical or mental injury or damage, or loss of
physical or mental capacity;

medical history-, in respect of an officer or member, means a record of

(a)injuries sustained by the officer or member and treatment of
such injuries;

(b)disease contracted by the officer or member and treatment of
such disease; and

(c)any report or opinion obtained on a medical examination of the
officer or member;

secretary' means the secretary to the Tribunal appointed under
regulation 14(3);

service' means service with the Force when on active service or under
training;

'Tribunal' means the Pensions Appeal Tribunal established under
regulation 14(1).





3. In the application of the provisions of the Order by Her Majesty
for the purposes of section 15 of the Ordinance

(a)any power, duty or function which may be exercised or
performed by the

Insurance under the Order by Her Majesty shall be exercised
or performed by the Board in so far as the same shall be
necessary or appropriate;

(b)the Board shall administer the Order by Her Majesty with such
modifications as the circumstances may require.

PART 11

POWERS AND FUNCTIONS OF THE
BOARD

4. There is hereby established a Pensions Assessment Board which
shall consist of the Accountant General and the Principal Medical and
Health Officer (Medical).

5. The Board may appoint a medical officer or committee of medical
officers to advise on any claim.

6. The Board may direct the payment-

(a)to any person, other than a public officer, who attends to give
evidence (professional, expert or otherwise) on behalf of a
claimant or the Board, whether or not he gives evidence, an
allowance in accordance with the Criminal Procedure
(Witnesses' Allowances) Rules;

(b)of any reasonable travelling and other expenses incurred by
any person in appearing before it or before any medical officer
or committee of medical officers appointed under regulation 5;
and

(c)of any expenses incurred in connexion with any medical,
surgical or rehabilitative treatment which is certified by a
medical officer of the Force, or by the Board, or by a medical
officer or committee of medical officers appointed under
regulation 5.

7. A claim may be made by an officer or member after his retirement
or discharge from the Force or by a dependant of an officer or member
who dies after such retirement or discharge.

8. (1) A claim may be made by-

(a) the claimant on his own behalf; or

(b) the Commanding Officer on behalf of the claimant,

and all such claims shall be sent in writing addressed to the Pensions
Assessment Board, The Treasury, Central Government Offices, Hong
Kong.





(2) Upon receiving a claim in respect of the disablement of
an officer or member, the Board shall obtain from the officer in
charge of Force records all particulars and documents regarding
the disablement of the officer or member, his service and medical
history.

(3) Upon receiving a claim in respect of the death of an officer
or member, the Board shall obtain from the officer in charge of
Force records-
(a)a declaration or certificate of the death of the officer or
member showing the cause of death;

(b)all particulars and documents regarding his service and
medical history; and
(c) the name and address of his next of kin.

9. A claimant or the Commanding Officer may at any time
apply for a review of an award, decision or assessment by the Board
and all such applications shall be sent in writing addressed to the
Pensions Assessment Board, The Treasury, Central Government
Offices, Hong Kong.

10. (1) The Board shall keep a record of all awards, decisions
and assessments made by it and of any changes in such awards,
decisions or assessments.

(2) The Board shall note in the respective record any change
in an award, decision or assessment made on appeal.

11. (1) When the Board makes an award, decision or assess-
ment or any change in such award, decision or assessment it shall
send a notice of the same to the claimant and the Commanding
Officer.

(2) Where the Board rejects a claim it shall notify the claim-
ant and the Commanding Officer-
(a) of the findings of fact relating to the claim; and
(b) of the grounds on which the claim is rejected.

12. Any notice required to be given to a claimant under
regulation 11-
(a) shall be in writing;
(b)may be sent by registered post to the last known or usual
place of abode of the person to whom the notice is ad-
dressed; and
(c)shall refer to the right to apply for a review under regula-
tion 9 or to appeal under regulation 16 and shall specify
the time within which and the manner in which application
for review must be made or notice of appeal must be given.





13. The Accountant General shall pay-

(a) all awards;

(b)any allowances and expenses directed by the Board to be paid
under regulation 6;

(c)any allowances and expenses directed by the Tribunal to be
paid under regulation 46; and

(d)any fee directed by the Tribunal to be paid under regulation 47.

PART III

APPEALS

14. (1) The Governor shall establish a Pensions Appeal Tribunal
which shall consist of

(a)a judge nominated by the Chief Justice who shall be chairman;
and

(b)two members, one of whom shall be a medical practitioner
registered in the Colony for a period of not less than 7 years.

(2) The Tribunal shall sit upon such dates and at such places as the
chairman may from time to time determine.

(3) The Governor shall appoint a person to be secretary to the
Tribunal.

15. (1) The Tribunal may, on an appeal under this Part, uphold, vary
or cancel an award, decision or assessment of the Board and may make
any award, decision or assessment which the Board is empowered to
make.

(2) A decision of the Tribunal upon an appeal shall be final.

16. A claimant who is aggrieved by any award, decision or
assessment of the Board (whether at first instance or on review) may
appeal to the Tribunal against the award, decision or assessment.

17. Subject to regulation 41, no appeal shall be brought an award,
decision or assessment of the Board unless notice of appeal is given to
the Board within 3 months after the date of notification of the award,
decision or assessment.

18. (1) An appeal under regulation 16 shall be brought in the name
of the aggrieved person.

(2) If the aggrieved person is under the age of 18, or is prevented
by physical or mental infirmity from acting on his own behalf, the appeal
shall be brought by some other person on his behalf.





(3) Where an appeal is brought by a person on behalf of
another, that person may take all such steps and do all such things
for the purposes of the appeal as an appellant is required or au-
thorized to do.

(4) The Tribunal may require an appellant to furnish such
evidence of his identity as it may think fit, and, where an appeal
is brought by a person acting on behalf of an appellant, the Tribunal
may require such person to satisfy it as to his qualifications for so
acting.

19. (1) The Board shall, upon receiving a notice of appeal
under regulation 17, prepare a document (to be called a 'Statement
of the Case') setting forth-
(a)the facts relating to the case, including the medical history
of the officer or member; and
(b)the Board's reasons for the award, decision or assessment
against which the appeal is brought.

(2) The Board shall send two copies of the Statement of the
Case to the appellant and shall inform him that he may, if he so
desires, submit an answer to the Statement of the Case indicating-
(a)whether, and in what respect, the facts in the Statement of
the Case are disputed;
(b)any further facts which, in his opinion, are relevant to the
appeal; and
(e)the grounds of appeal against the award, decision or
assessment.

(3) Where the appellant submits an answer under paragraph
(2), he shall submit with his answer such documentary evidence in
support of his case as is in his possession or as he can reasonably
obtain.

(4) Except where the appellant is resident outside the Colony,
he shall submit his answer to the Board, together with any docu-
mentary evidence, within 28 days from the date on which the
Statement of the Case is sent to him.

(5) The Board may, if it so desires, comment in writing on
e,
the appellant's answer and shall, if it does so, send a copy of such
comments to the appellant.

(6) As soon as may be after the receipt of the answer or,
if the appellant does not submit an answer, on the expiration of
the 28 days prescribed in paragraph (4), the Board shall send to the
secretary three copies of-
(a) the Statement of the Case;
(b) the appellant's answer and documentary evidence (if any);
(c)the comments (if any) made by the Board on the appellant's
answer.





20. The Tribunal may at any time require the appellant or the Board to
supply such further information and documents in his or its possession or under
his or its control relating to the appeal as the the Tribunal thinks fit.

21. (1) Where for the purposes of his appeal an appellant desires to have
disclosed any document which he has reason to believe is in the possession of
the Force or a Government department, he may, at any time not later than 28
days after the Statement of the Case is sent to him, apply to the chairman for
the disclosure of the document and, if the chairman considers that the document
is likely to be relevant to the appeal, he may give a direction to the Commanding
Officer or the department concerned requiring its disclosure in such manner and
upon such terms and conditions as the chairman may think fit.

(2) Where it appears to the Tribunal that any document is likely to be
relevant to the appeal, and that the appellant has reasonable excuse for having
failed to make an application for disclosure under paragraph (1), the Tribunal
may, unless the document is produced by the Board's representative, adjourn the
case for the application to be made.

22. (1) The chairman shall fix a day for the hearing of an appeal and the
secretary shall give notice thereof to the appellant and the Board.

(2) The notice to the appellant under paragraph (1) shall be in Form 1 in
the Schedule.

(3) There shall be such period of not less than 28 days between the service
of the notice under paragraph (1) and the day fixed therein for the hearing as the
chairman may direct.

23. If, at any time before the day fixed for the hearing, the appellant
becomes aware of any circumstances which will prevent him from attending the
Tribunal on the day so fixed, he shall (unless the appeal is to be heard in his
absence under regulation 38) immediately notify the secretary of his inability to
appear, stating the reasons therefor.

24. (1) The chairman may on his own motion, or upon the application of
any party to an appeal, adjourn an appeal to such date as he thinks fit.

(2) Notice of such adjournment shall be given to the appellant and the
Board.

25. If any party to an appeal fails to appear at the hearing, the Tribunal
may upon proof of service on such party of the notice of hearing, proceed to
hear and determine the appeal in his absence,

hearing

and if the party absent is the appellant, the Tribunal may adjourn the appeal or
dismiss it.





26. (1) Where under regulation 25 an appeal is heard or dismissed in
the absence of a party to the appeal, such party may, within 28 days after
the receipt of the Decision on Appeal under regulation 43 and upon
giving notice to the other party, apply to the Tribunal for a re-hearing.

(2) The Tribunal may, if it is satisfied that it is just that the appeal
should be re-heard, grant such application.

(3) Upon such re-hearing the Tribunal may amend, vary or reverse
its decision upon such previous hearing or make a fresh decision.

27. An appellant may at any time give notice to the secretary and
the Board that he desires to withdraw his appeal, and thereupon the
appeal shall be struck out.

28. Where the secretary is notified that an appellant has died before
the appeal is decided

(a)in the case of an appeal against an assessment, the appeal
shall be struck out;

(b)in any other case the chairman may, on application made to
him by a dependant or personal representative of the deceased
within 3 months after the date of death, give directions that the
appeal shall proceed, so far as may be, as if the dependant or
personal representative had brought the appeal on behalf of
the deceased in the first instance and the deceased had not
died, and that it shall be heard with any other appeal brought
by the dependant in respect of the death.

29. (1) An appellant may conduct his case himself or may be
represented by any person appointed by him to assist him for the
purpose.

(2) The Board may be represented by any person appointed by it
for the purpose.

(3) The Tribunal shall assist an appellant who through ignorance or
otherwise is unable to make the best of his case and may, if he is not
represented, appoint a suitable person to represent him.

30. (1) The Tribunal shall give an opportunity to the appellant to
address the Tribunal, give evidence and call witnesses.

(2) At the conclusion of the presentation of an appeal by the
appellant, the Tribunal shall give the Board an opportunity to address
the Tribunal and call witnesses.

(3) The Tribunal shall permit the appellant and the Board to
comment, orally or in writing, on any evidence, documentary or
otherwise, given in an appeal.





31. (1) Evidence may be taken by the Tribunal by oral
statement on oath or by written deposition or statement.

(2) A summons to any person requiring him to attend a
hearing of an appeal to give evidence or produce any document
or other thing in his possession may be served in Form 2 in the
Schedule.

(3) Every witness may be examined by the party producing
him and cross-examined by the other party and thereafter be re-
examined by the party producing him upon matters arising out of
the cross-examination.

(4) The Tribunal may decline to admit the evidence of any
deponent who is not present for, or who declines to submit to,
cross-examination.

(5) The chairman, and members of the Tribunal, may put such
questions to the parties or to any witness as they think expedient.

32. Any person who is summoned under regulation 31(2) to
attend a hearing of an appeal to give evidence or produce any
document or other thing refuses or neglects to do so or to answer
any question put to him by or with the leave of the Tribunal shall
be guilty of an offence and shall be liable on summary conviction to
a fine of 1,000 dollars and to imprisonment for 3 months:

Provided that no person shall be required to answer any
question or produce any document or other thing which, in the
opinion of the Tribunal, may tend to incriminate himself; and
every witness shall, in respect of any evidence given by him before
the Tribunal, be entitled to the same privileges as those to which
he would be entitled if he were giving evidence before a court of
justice.

33. Where the appellant or the Board intends to call a medical
practitioner as a witness at the hearing, the party who intends to
call the witness shall give notice of such intention to the secretary
not less than 7 days before the day fixed for the hearing, and the
secretary shall notify the other party, who shall then be entitled
to call a medical practitioner to give evidence on his behalf without
giving notice.

34. (1) An appellant whose disablement is in issue may be
medically examined by the member of the Tribunal who is a medical
practitioner.

(2) The Tribunal may obtain a professional or expert opinion
on any matter arising out of an appeal and may arrange for the
examination of an appellant by a medical specialist to obtain his
opinion on the condition of the appellant.





35. (1) Subject to paragraph (2), the hearing of an appeal
shall be open to the public.

(2) Where an application is made to the Tribunal by any party
to an appeal that the appeal, or a part of it, be heard in camera,
the Tribunal may, if it thinks fit, hear the appeal, or a part of it,
in camera.

36. The Tribunal may receive and consider any evidence which
in its opinion is material to the appeal, notwithstanding that the
evidence would not be admissible in the courts of Hong Kong under
the law relating to evidence.

37. In any matter not provided for by this Part, the chairman
shall adopt such course as appears to him to be best calculated to
do justice.

38. (1) Subject to the provisions of regulations 25, 39 and
40, an appeal shall not be heard in the absence of the appellant
unless he has sent to the secretary a written request that his appeal
be heard in his absence, or the Tribunal is satisfied, on representa-
tion made on behalf of the appellant, that he desires his appeal to
be heard in his absence.

(2) Notwithstanding a request that an appeal be heard in the
absence of the appellant, the Tribunal may, if it thinks that the
presence of the appellant is necessary for the due determination of
the appeal, give directions that the appeal shall not be heard in his
absence.

39. (1) Where the chairman is satisfied that an appellant is
unable, through physical or mental infirmity, to attend the Tribunal
and that his incapacity is likely to continue for a prolonged period,
the chairman may make such arrangements as he may think fit for
disposing of the appeal, and in particular may arrange for-
(a) the appellant to be medically examined at any place;
(b)the taking of evidence of the appellant and the witnesses
on behalf of the appellant and the Board at any place,
whether before the Tribunal or other person appointed
by the chairman;
(c)the appellant and the Board to cross-examine witnesses
and to comment, whether at a hearing of the appeal or in
writing, on the evidence and to make a statement in writing
or to address the Tribunal;
(d) determining the appeal in the absence of the appellant.

(2) The appellant and the Board shall be notified of any
arrangement made under paragraph (1).





40. (1) Where an appellant is resident outside the Colony his appeal
may, subject to the provisions of this regulation, be heard in his
absence.

(2) When an appeal is ready for hearing, the appellant shall be
notified of that fact by the secretary, and the appellant shall, within such
time as may be specified in the notification, give notice to the secretary
if he intends to appear at the hearing of his appeal.



(3) If the chairman is satisfied that it is reasonable for the hearing to
be postponed, he may direct that the appeal shall not be heard before
the date on which the appellant is able to appear and may give further
directions for the hearing of the appeal as he may think fit.

(4) The chairman may, in the case of an appeal in respect of the
disablement of an appellant, make arrangements for the appellant to be
medically examined at some convenient place in the country in which he
is resident, and, where such an arrangement is made, the appeal shall not
be proceeded with until a medical report on the appellant is received by
the secretary and a copy thereof is sent to the appellant and the Board.

41. The time appointed by this Part for doing anything in connexion
with an appeal may be extended by the Board or the Tribunal, as the
case may be, upon such terms as the justice of the case may require, and
such extension may be allowed although the application therefor is not
made until after the expiration of the time appointed.

42. The decision of the Tribunal on appeal may be announced by
the chairman immediately after the hearing of the appeal or may be
communicated in writing to the appellant and the Board within 7 days
after the Tribunal has reached its decision, and in either case the
chairman shall indicate the reasons for the decision of the Tribunal.

43. (1) The chairman shall sign a document recording the decision
on appeal (to be called 'Decision of Appeal') and copies of the Decision
on Appeal, certified under the hand of the secretary, shall be sent to the
appellant, the Board and the Commanding Officer.

(2) The secretary shall keep a record of all Decisions on Appeal.

44. (1) Any notice required by this Part to be given to the secretary
shall be in writing and may be sent by registered post addressed to the
Secretary, Pensions Appeal Tribunal, The Colonial Secretariat, Hong
Kong.





(2) Any notice required by this Part to be given to an
appellant-
(a) shall be in writing; and
(b) may be sent by registered post-
(i) to the address given by the appellant in his notice
of appeal;
(ii) where the notice of appeal is given on behalf of
an appellant, to the address of the person acting on his
behalf; or
(iii) to such other address as may be subsequently
notified in writing to the secretary by the appellant or the
person acting on his behalf.

45. No court fees shall be payable in respect of an appeal
under this Part.

46. (1) The Tribunal may direct that any person, other than
a public officer, who attends to give evidence (professional, expert
or otherwise) on behalf of the appellant or the Board, whether or
not he gives evidence, be paid an allowance in accordance with the
Criminal Procedure (Witnesses' Allowances) Rules.

(2) The Tribunal may direct that an appellant be paid for
obtaining documentary evidence for the purposes of an appeal
such expenses as the Tribunal thinks reasonable.

(3) The Tribunal may direct that-

(a) an appellant who attends a hearing;
(b)a person who accompanies an appellant at a hearing where
the chairman certifies that it is necessary for the appellant,
by reason of his physical or mental infirmity, to be ac-
companied by an attendant; and
(c)an appellant who is medically examined under regulation
34 or 39,
be paid travelling expenses reasonably incurred by him for the
purpose of attending the Tribunal and the medical examination.

47. Where the Tribunal-

(a)under regulation 29(3), appoints a person to represent the
appellant;
(b)under regulation 34(2), obtains a professional or expert
opinion; or
(c)under regulation 34(2) or 39(1), has the appellant medically
examined,

the Tribunal may direct that the representative, medical specialist
or other person be paid such fee as it thinks reasonable.





48. An application for an allowance, expense or fee payable under
regulation 46 or 47 shall be made in writing to the secretary.

49. Non-compliance with any of the provisions of this Part shall not render
the proceedings on appeal void unless the Tribunal shall so direct, but the
Tribunal may give such directions for the purpose of mitigating the
consequences of any irregularity as the justice of the case may require.

SCHEDULE

FORM 1 [reg. 22.1


ROYAL HONG KONG AUXILIARY AIR FORCE (PENSIONS)
REGULATIONS

(Regulation 22(2)

NOTICE OF HEARING


PENSIONS APPEAL TRIBUNAL

THE COLONIAL SECRETARIAT,

HONG KONG.

............................... 1 19



To ................................................


NOTICE OF HEARING

Dear Sir/Madam,

1. Your appeal against the award/decision/assessrnent of the Pensions



Assessment Board will be heard by the Pensions Appeal Tribunal at ............ T 1,~


............. 1 .on the ........day of



.......... at ...o'clock in the noon and



you are required to attend.






2. If for any reason you are unable to attend on the date stated, you

must immediately inform me in writing at the address mentioned at the head of


this letter, stating the reasons for your inability to appear. If you fail to attend,

the Pensions Appeal Tribunal may, in accordance with regulation 25 of the

Royal Hong Kong Auxiliary Air Force (Pensions) Regulations, proceed to


hear the appeal in your absence or dismiss it.


Yours faithfully,

Secretary to the Pensions Appeal Tribunal.


FORM 2 [reg. 31.1

ROYAL HONG KONG AUXILIARY AIR FORCE (PENSIONS)
REGULATIONS


(Regulation 31(2)

SUMMONS TO WITNESS


In the matter of an Appeal under regulation 16 of the Royal Hong Kong


Auxiliary Air Force (Pensions) Regulations.

And in the matter of (1)...............................................................


To (2) ................................................................................................



You are hereby summoned to appear before the Pensions Appeal Tribunal


at ......................on the day of


................................at o'clock in the noon to give







evidence touching the matter under appeal (3) and also to bring with you and


produce (4) .......................................................................................



Given under my hand this day of



Chairman of the Tribunal.

Note:

(1) Insert name of appellant.



(2) Insert name and address of witness.



(3) Delete if not required.



(4) Specify the books, documents or other things to be produced.


L.N. 62/73. Citation. Interpretation. Administration of the Order by Her Majesty. Establishment of the Board. Appointment of medical advisers. Power to authorize payments. (Cap. 221, sub. leg.) Claims after retirement or discharge from the Force. Claims in respect of disablement or death. Applications for review. Records to be kept by the Board. Notification of Board's decisions. Notices by the Board. Accountant General to make payments. Establishment and sittings of the Tribunal. Powers of Tribunal on appeal. Appeals. Time limit for appeals. Appellants. Statement of the case and answer. further information. Disclosure of official documents and information. Notice of date of hearing. Schedule. Notice of inability to appear. Adjournment of hearing. Failure to appear. Re-hearing after failure to appear. Withdrawal of appeal. Death of appellant. Representation of the appellant and the Board. Procedure at hearing. Evidence. Schedule. Penalty for failure to give evidence. Notice of evidence by medical practitioner. Medical examination of appellant. Hearings in public or in camera. Tribunal not bound by rules of evidence. Matters not provided for in regulations. Appeal in absence of appellant. Appellant unable to attend Tribunal through physical or mental infirmity. Appellant resident outside the Colony. Extension of time. Announcement of decision of the Tribunal. Record decisions. Notices to the secretary. No court fees payable. Allowance for witnesses and other expenses. (Cap. 221, sub. leg.) Payment of medical and other fees. Claims for allowances, etc. irregularities.

L.N. 62/73. Citation. Interpretation. Administration of the Order by Her Majesty. Establishment of the Board. Appointment of medical advisers. Power to authorize payments. (Cap. 221, sub. leg.) Claims after retirement or discharge from the Force. Claims in respect of disablement or death. Applications for review. Records to be kept by the Board. Notification of Board's decisions. Notices by the Board. Accountant General to make payments. Establishment and sittings of the Tribunal. Powers of Tribunal on appeal. Appeals. Time limit for appeals. Appellants. Statement of the case and answer. further information. Disclosure of official documents and information. Notice of date of hearing. Schedule. Notice of inability to appear. Adjournment of hearing. Failure to appear. Re-hearing after failure to appear. Withdrawal of appeal. Death of appellant. Representation of the appellant and the Board. Procedure at hearing. Evidence. Schedule. Penalty for failure to give evidence. Notice of evidence by medical practitioner. Medical examination of appellant. Hearings in public or in camera. Tribunal not bound by rules of evidence. Matters not provided for in regulations. Appeal in absence of appellant. Appellant unable to attend Tribunal through physical or mental infirmity. Appellant resident outside the Colony. Extension of time. Announcement of decision of the Tribunal. Record decisions. Notices to the secretary. No court fees payable. Allowance for witnesses and other expenses. (Cap. 221, sub. leg.) Payment of medical and other fees. Claims for allowances, etc. irregularities.

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