AIR POLLUTION CONTROL (APPEAL BOARD) REGULATIONS

AIR POLLUTION CONTROL (APPEAL BOARD) REGULATIONS

AIR POLLUTION CONTROL (APPEAL BOARD)
REGULATIONS

(Cap. 311, section 43)

[1 October 1983.]

may be cited as the Air Pollution Control
(Appeal Board) Regulations.

2. In these regulations, unless the context otherwise requires

,4appellant' means the person aggrieved by a decision, requirement or
specification of a public officer under any of the provisions listed
in section 31(1) of the Ordinance and who has sent a notice of
appeal to the Chairman under regulation 3(1);

'Board' means an Appeal Board constituted under Part VI of the
Ordinance;

'Chairman' means the Chairman of Appeal Boards appointed under
section 32 of the Ordinance.

3. (1) An appeal under section 31(1) of the Ordinance shall be
commenced by the appellant sending to the Chairman a notice of appeal
in writing which shall be substantially in accordance with Form 1 in the
Schedule and shall set out the grounds of the appeal.

(2) At the same time as sending the notice under paragraph (1) the
appellant shall send a copy of such notice to the Authority or the
Secretary as the case may be.

4. (1) The Chairman shall fix the date, time and place of the hearing
of an appeal and the Chairman shall not less than 14 days before the
date so fixed send to the appellant and to the Authority or the Secretary
as the case may be a notice substantially in accordance with Form 2 in
the Schedule.

(2) In exercising his power under paragraph (1) the Chairman shall
fix the date for the hearing of an appeal in order that such appeal may be
heard as soon as reasonably practicable after the notice of appeal has
been lodged.

5. Where a Board issues a witness summons under section 33(5)(c)
of the Ordinance such summons shall be substantially in accordance
with Form 3 in the Schedule.

6. Proceedings before a Board shall be held in public unless

c

These n

the appellant or a witness requests otherwise and the Board accedes to
the request.

7. The appellant and the Authority or the Secretary as the case may
be may be represented at the hearing of an appeal by a barrister or a
solicitor.





8. The grounds of appeal shall be limited to those set out in the
notice of appeal unless the Board grants leave for the grounds of appeal
to be amended.

9. (1) The appellant may abandon all or any of his grounds of
appeal before or during the hearing of his appeal.

(2) Where the appellant abandons grounds of appeal under
paragraph (1) before the hearing of his appeal he shall by notice in
writing, addressed to each of the Chairman and to the Authority or the
Secretary as the case may be, inform them of such abandonment.

10. (1) If on the day fixed for the hearing of an appeal, the appellant
fails to attend the hearing either in person or by barrister or solicitor the
Board may

(a)if satisfied that the appellant's failure to attend was due to
sickness or other reasonable cause, postpone or adjourn the
hearing for such period as it thinks fit;

(b) proceed to hear the appeal; or

(c) dismiss the appeal.

(2) If an appeal has been dismissed by the Board under regulation
10(1)(c) the appellant may, within 30 days after the making of the order
for dismissal, by notice in writing addressed to the Chairman, apply to
the Board to review its order and the Board may, if satisfied that the
appellant's failure to attend the hearing was due to sickness or any other
reasonable cause, set aside the order for dismissal and proceed to hear
the appeal.

11. The Chairman shall take or cause to be taken in writing a full
minute, so far as circumstances permit, of the following matters

(a) the nature of the grounds of appeal;

(b)the names of the appellant, the Authority or the Secretary as
the case may be and of the respective witnesses on either
side;

(c) the evidence of the witnesses; and

(d) the decision of the Board.

SCHEDULE [regs. 3, 4 & 5.]
FoRmI [reg. 3.]
NOTICE OF APPEAL

Appeal against the decision, requirement or specification contained in a notice issued
under the Air Pollution Control Ordinance.

To: Air Pollution Control Appeal Board

1. Full name of Appellant: ......................................................................................

2. Address of Appellant: ............... .................................................

TelephoneNo . ...............................





3.(Address of Appellant or Representative for service of documents if different
from the above address)
......................................................................................

...................................

4...................Details of notice appealed against:
Notice dated .....19 Reference No .
(A copy of which is attached)

5. Address of the premises or place to which the notice refers:
...............................

...................................

6.Name and full address of the public officer as shown on notice ..........................
Telephone No . ...............................

7.Particulars of the decision, requirement or specification appealed against (set
them out from the notice)
...................................................................................

...................................
...................................

8. The grounds for this appeal are: (set them out in full)
........................................

...................................
...................................
...................................

(Signature)
Appellant

Dated ..............19

Form 2 [reg. 4]

NOTICE OF TIME AND PLACE FIXED FOR HEARING OF AN APPEAL

Appeal No.: ...of 19

In the matter of the Appeal lodged by
........................................................................ (Appellant) against the decision,
requirement or specification contained in a notice

issued under the Air Pollution Control Ordinance on the day

of .....19
To ..........(Appellant)

TAKE NOTICE that the above appeal will be heard at on

the ....day of .....19 ..........at a.m./p.m.

AND TAKE NOTICE that if you do not attend at the time and place
mentioned, either in person or by a person duly authorized to appear on your
behalf, the appeal may be dismissed or be heard in your absence.

Dated this ..day of ..19

(Signature)
Chairman of the Appeal Board







This notice was served by me on
.........................................................................

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

............................. 19

(Signature) (Signature)

Recipient of notice Process server





FORm 3 [reg. 5]

SUMMONS TO WITNESS

Appeal No.:
............................. of 19

In the matter of the Appeal lodged by
........................................................................ (Appellant) against the decision,
requirement or specification contained in a notice

issued under the Air Pollution Control Ordinance on the day

of ......19

To (a) ...............................

YOU ARE HEREBY SUMMONED to attend at .............................................

on the ..day of ........19


*a.m./p.m., and so from day to day, until the proceedings are heard, to give evidence
in the above appeal *and also to bring with you and produce the several documents
hereunder specified:

(Here insert list of documents required to be produced)

Dated this .............day of 19

(Signature)
Chairman ofthe Appeal Board

Delete where inappropriate
Note: (a) Insert name ot person to be served

This notice was served by me on
.........................................................................

at ......on the .........day of
19

(Signature) (Signature)

Recipient of noticeProcess server
L.N. 247/83. Citation. Interpretation. Schedule. Restrictions applicable to dark smoke emission. Amendment of Schedule. L.N. 247/83. Citation. Interpretation. Commencement of an appeal. Form 1. Date, time and place of hearing. Form 2. Witness summons. Form 3. Proceedings generally in public. Representation.

L.N. 247/83. Citation. Interpretation. Schedule. Restrictions applicable to dark smoke emission. Amendment of Schedule. L.N. 247/83. Citation. Interpretation. Commencement of an appeal. Form 1. Date, time and place of hearing. Form 2. Witness summons. Form 3. Proceedings generally in public. Representation.

https://oelawhk.lib.hku.hk/items/show/3178

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