WATER POLLUTION CONTROL (APPEAL BOARD) REGULATIONS

WATER POLLUTION CONTROL (APPEAL BOARD) REGULATIONS

WATER POLLUTION CONTROL (APPEAL BOARD)
REGULATIONS

(Cap. 358, section 46)

1. Those regulations may be cited as the Water Pollution
Control (Appeal Board) Regulations and shall come into operation
on the day appointed for the commencement of the Water Pollution
Control (General) Regulations 1985.

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

'appellant' means a person aggrieved by any requirement or decision
of the Authority or of the Secretary imposed or made under any of
the provisions listed in section 29(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 30 of the Ordinance;

respondent' means the Authority when the requirement or decision
appealed against is that of the Authority and the Secretary when
the requirement or decision appealed against is that of the
Secretary.

3. (1) Notice of appeal under section 29(1) of the Ordinance shall
be given to the Chairman 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 respondent.

4. (1) The Chairman shall fix the date, time and place of the hearing
of an appeal and shall, not less than 14 days before the date so fixed,
send to the appellant and to the respondent 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 so that it may be heard as soon
as reasonably practicable after the notice of appeal has been received.

5. Where a Board issues a witness summons under section 31(5) 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 the
appellant or a witness requests otherwise in respect of the whole or any
part of the proceedings and the Board accedes to the request.

7. The appellant and the respondent 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 any ground of appeal under
paragraph (1) before the hearing of his appeal he shall give notice
abandonment in writing and in the manner prescribed in
of the Water Pollution Control (General) Regulations
to the Chairman and to the respondent.

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 a 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 without a hearing.

(2) Where an appeal is dismissed by the Board under paragraph
(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 set a date for the
hearing of 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 in
respect of every appeal heard by an Appeal Board-

(a) the nature of the grounds of the appeal;

(b) the names of the appellant, the respondent and the respective
witnesses on either side;

(c) the evidence of the witnesses; and

(d) the decision of the Board.





SCHEDULE [regs. 3, 4 & 5.]

FORM 1 [reg. 3.]

NOTICE OF APPEAL

Appeal against a requirement or decision of the A Authority or Secretary. under the
Water Pollution Control Ordinance

To: The Chairman, Water Pollution Control Appeal Boards

1. Full name of Appellant:

2.ddress of Appellant: ..........................................................
Telephone No . ...............................

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 respondent as shown on the notice appealed against

.....................................
Telephone No . ....................

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

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

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



......................
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 ....0.......................................
(Appellant) against the requirement or decision contained in a notice issued under
the Water 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......


..................................
Chairman of Appeal BoardS.

This notice was served by me on
.......................................................................... at
................................................................................
on the ..............day of .....19

............................. ....................
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 requirement or decision contained in a notice issued under
the Water Pollution Control Ordinance on the............day of .........19.........

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

YOU ARE HEREBY SUMMONED to attend at .............................................
on the ............day of .......19 .........at *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 wih you and produce the several documents hereunder specified:

(Here insert list q/ documents required to he produced)

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


...........................
Chairman qf Appeal Boards.

*Delete where inappropriate.

Note: (a) Insert name of person to be served.
_______________________________________________________________________________

This notice was served by me on .....................................................
at........................... on the .................... day of ..............19.....


................................. ......................
Receipient of notice. Process server. L.N. 164/85. Citation and commencement. Interpretation. Notice of appeal. Schedule, Form 1. Date, time and place of hearing. Schedule, Form 2. Witness summons. Schedule, Form 3. Proceedings generally in public. Representation. Grounds of appeal. Abandonment of grounds of appeal. Failure of appellant to attend hearing. Record of proceedings.

L.N. 164/85. Citation and commencement. Interpretation. Notice of appeal. Schedule, Form 1. Date, time and place of hearing. Schedule, Form 2. Witness summons. Schedule, Form 3. Proceedings generally in public. Representation. Grounds of appeal. Abandonment of grounds of appeal. Failure of appellant to attend hearing. Record of proceedings.

https://oelawhk.lib.hku.hk/items/show/3322

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