### Travel Industry Ordinance 《旅遊業條例》

127. Proceedings of appeal board
(1) An appeal board has the following powers when hearing an appeal—
(a) power to take evidence on oath;
(b) power to summon a person to—
(i) attend the hearing as a witness;
(ii) give evidence; and
(iii) provide any information or document in the person’s possession or under the person’s control that may be relevant to the hearing;
(c) power to examine witnesses;
(d) power to receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not the material would be admissible in civil or criminal proceedings;
(e) power to determine the way in which any material mentioned in paragraph (d) is received;
(f) power to appoint a legal adviser to assist and advise the board on any question of law as to evidence, procedure or any other matter in relation to the hearing;
(g) power to award to a person the expenses that, in the board’s opinion, the person has reasonably incurred because of the person’s compliance with a summons issued to the person under paragraph (b);
(h) power to make any order that may be necessary for or ancillary to the conduct of the hearing or the carrying out of its functions.
(2) With the consent of the parties to the appeal, the board may hear an appeal on the basis of written submissions only.
(3) If it appears to the board that the Authority or the disciplinary committee has reversed the matter appealed against, the board may determine the appeal in favour of the appellant.
(4) A party to the appeal—
(a) may, subject to any order made by the board, be present at the hearing; and
(b) may participate—
(i) in person;
(ii) through a legal representative; or
(iii) with the consent of the board, through another person.
(5) For the purposes of subsection (4)(b)(i)—
(a) a company is to be regarded as participating in person if it participates through any of its directors; and
(b) a partnership is to be regarded as participating in person if it participates through any of its partners.
(6) The board may make an order as to the payment of the costs and expenses incurred in relation to the hearing, whether by the board, any party to the appeal, or any person attending the hearing as a witness.

128. Summons
A summons issued to a person under section 127(1)(b) must—
(a) be in the specified form;
(b) be signed by the chairperson of the appeal board; and
(c) specify the requirements that the person must comply with.

### Travel Industry Ordinance 《旅遊業條例》

129. Offences relating to appeal
(1) A person commits an offence if the person, without reasonable excuse, fails to comply with a summons issued to the person under section 127(1)(b).
(2) A person commits an offence if—
(a) the person, in connection with an appeal under section 127, gives any evidence, or provides any information or document, that is false or misleading in a material particular; and
(b) the person knows that, or is reckless as to whether, the evidence, information or document is false or misleading in a material particular.
(3) A person who commits an offence under this section is liable—
(a) on conviction on indictment to a fine at level 6 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 3 and to imprisonment for 6 months.

130. Hearing generally public
(1) Subject to subsection (2), the hearing of an appeal is to be held in public.
(2) After consulting the parties to the appeal, an appeal board may, by order, direct that the hearing, or any part of the hearing, be held in private.
(3) For the purposes of subsection (2), the board must have regard to the views or private interests of the parties to the appeal, including any claims as to privilege.

131. Prohibition on disclosure of appeal matters
(1) An appeal board may, by order, prohibit or restrict the publication or disclosure by all or any of the persons present at the hearing of an appeal of—
(a) any evidence given at the hearing; or
(b) any matter contained in any information or document provided or received in evidence at the hearing.
(2) If a person fails to comply with an order made under subsection (1), the board may make an order against the person imposing a financial penalty not exceeding $5,000.
(3) If the board makes an order under subsection (2) against a person, it must, by notice in writing given to the person within 21 days beginning on the date on which the order is made—
(a) notify the person of the order; and
(b) give reasons for the order.
(4) An order made under subsection (2) takes effect on—
(a) the date of the notice given under subsection (3); or
(b) if a later date is specified in the notice, the later date.

132. Abandonment of appeal
(1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the chairperson of the appeal board.
(2) The appellant must, as soon as practicable after the notice is lodged, serve a copy of the notice on the other parties to the appeal.

### Travel Industry Ordinance 《旅遊業條例》

133. Failure of appellant to attend hearing
(1) If at the time fixed for the hearing of an appeal, the appellant fails to attend the hearing, whether in person or through a legal representative or some other person, an appeal board may—
(a) if it is satisfied that the appellant’s failure to attend the hearing was due to illness or another reasonable ground, postpone or adjourn the hearing for a period it considers appropriate; or
(b) if it is satisfied that the appellant’s failure to attend the hearing was not due to illness or another reasonable ground—
(i) proceed to hear the appeal; or
(ii) by order, dismiss the appeal.
(2) If an appeal is dismissed under subsection (1)(b)(ii)—
(a) the appellant may, within 28 days after the order for dismissal is made, apply to the board for a review of the order by notice in writing lodged with the chairperson of the board; and
(b) the board may, if it is satisfied that the appellant’s failure to attend the hearing was due to illness or another reasonable ground, set aside the order for dismissal.
(3) A notice under subsection (2)(a) must be in the form specified by the chairperson of the appeal panel.
(4) The appellant must, as soon as practicable after a notice is lodged under subsection (2)(a), serve a copy of the notice on the other parties to the appeal.
(5) If the board sets aside an order for dismissal under subsection (2)(b), the chairperson of the board must—
(a) fix the date, time and place for a new hearing of the appeal so that the hearing may commence as soon as practicable; and
(b) at least 14 days before the date so fixed serve on the parties to the appeal a notice of the date, time and place of the hearing.

134. Decisions of appeal board
(1) An appeal board hearing an appeal may confirm, vary or reverse any decision or order to which the appeal relates.
(2) The board must give reasons in writing for its decision, and those reasons must include its findings on material questions of fact and a summary of the evidence or other material on which those findings were based.
(3) The board must serve a copy of its decision and of the reasons for its decision on the parties to the appeal.
(4) The board’s decision takes effect—
(a) subject to paragraph (b), immediately after the decision is made; or
(b) if the board orders that its decision is not to come into operation until a specified date, on that date.
(5) A document purporting to be a copy of a decision or order of the board and to be certified by the chairperson of the board to be a true copy of the decision or order is admissible in any proceedings as evidence of the decision or order.
(6) The decision of the board is final.