### Accreditation of Academic and Vocational Qualifications Ordinance 《學術及職業資歷評審條例》

10. Establishment of Appeal Board, etc.
(1) For the purposes of considering and deciding appeals, there is established an appeal board.
(2) The Secretary shall appoint—
(a) a person to be the chairman of the Appeal Board;
(b) one or more persons to be the deputy chairman or deputy chairmen of the Appeal Board; and
(c) a panel of persons whom the Secretary considers suitable for selection under section 12(1)(b) as members of the Appeal Board.
(3) A person may be appointed under subsection (2) only if—
(a) he is a person whom the Secretary considers suitable for appointment by reason of his—
(i) expertise or experience in quality assurance or the conduct of accreditation tests; or
(ii) good standing in the field of education or training or in any industry; and
(b) he is not a member of the Accreditation Authority or of the QR Authority.
(4) A person appointed under subsection (2) may at any time resign by notice in writing to the Secretary.
(5) An appointment under subsection (2) shall be notified in the Gazette.
(6) If the Chairman, due to absence from Hong Kong or for any other reason, is unable to act as Chairman for any period, a Deputy Chairman designated by the Chairman for the purposes of this subsection shall act in the place of the Chairman for that period.
(7) The remuneration, if any, of the Chairman, a Deputy Chairman and a panel member shall be paid at a rate that the Secretary determines.

### Accreditation of Academic and Vocational Qualifications Ordinance 《學術及職業資歷評審條例》

11. Appeal to Appeal Board
(1) An operator, assessment agency or granting body aggrieved by—
(a) a determination of the Accreditation Authority, as stated in an accreditation report;
(b) a decision of the Accreditation Authority on the length of the validity period of a determination of the Authority, as stated in an accreditation report;
(c) a decision of the Accreditation Authority as to the conditions or restrictions subject to which a determination of the Authority is to have effect, as stated in an accreditation report;
(d) a decision of the Accreditation Authority referred to in section 5(4);
(e) a decision of the QR Authority referred to in section 7(8); or
(f) a decision made by the Accreditation Authority or the QR Authority under section 15(b),
made in respect of him or it may appeal to the Appeal Board.
(2) An operator, assessment agency or granting body wishing to appeal under subsection (1) shall lodge a notice of appeal with the Appeal Board in such form as the Chairman may specify—
(a) within 30 days of the receipt by the operator, assessment agency or granting body of a copy of the accreditation report under section 5(3) or the notice of the decision under section 5(4), 7(8) or 15(c), as the case may be; or
(b) within such further period as the Chairman may allow.

12. Members of Appeal Board
(1) For the purposes of an appeal, the Appeal Board shall consist of—
(a) the Chairman or a Deputy Chairman, as determined by the Chairman, who shall preside at meetings and hearings held for the appeal (presiding officer

### Accreditation of Academic and Vocational Qualifications Ordinance 《學術及職業資歷評審條例》

13. Procedure
(1) The Appeal Board may, with the consent of the parties to an appeal, consider and decide the appeal on the basis of written submissions only without holding a hearing to receive oral representations.
(2) In considering an appeal, every question before the Appeal Board shall be determined by the opinion of the majority of the members of the Appeal Board voting on the question, and in the case of an equality of votes the presiding officer shall have a second or casting vote.
(3) Subject to subsection (4), a party to an appeal is entitled to be heard in person or through its authorized representative.
(4) A counsel or solicitor is not entitled to be heard before the Appeal Board unless—
(a) he is acting on his own behalf as a party to an appeal; or
(b) he is an officer or employee of a party to an appeal and is acting as the authorized representative of the party.
(5) Any hearing held in connection with an appeal to receive oral representations shall take place in public, but if the Appeal Board after consulting the parties to the appeal is satisfied that it is desirable to do so, it may direct that the whole or part of the hearing shall take place in private and give directions as to the persons who may be present.

14. Functions of Appeal Board
(1) For the purposes of an appeal, the Appeal Board may—
(a) determine any matter of practice or procedure relating to the appeal where no provision governing such matter is made in this Ordinance or in any rules made under section 17(2);
(b) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not it would be admissible in a court of law; and
(c) by notice in writing, request any person—
(i) to produce to the Appeal Board any document or article that is relevant to the appeal and is in his custody or under his control; or
(ii) to appear before the Appeal Board and to give evidence relevant to the appeal.
(2) After considering an appeal, the Appeal Board shall—
(a) make a decision to—
(i) confirm, vary or reverse the determination or decision under appeal or substitute any other determination or decision for the determination or decision under appeal; or
(ii) subject to subsection (3), direct the Accreditation Authority or the QR Authority, as the case may be, to review the determination or decision under appeal within such period as the Appeal Board may specify; and
(b) notify the Accreditation Authority or the QR Authority, as the case may be, and the appellant in writing of its decision and the reasons for the decision.
(3) Subsection (2)(a)(ii) does not apply in relation to an appeal against a decision made under section 15(b).

### Accreditation of Academic and Vocational Qualifications Ordinance 《學術及職業資歷評審條例》

15. Review of determination or decision under appeal
After receiving a notice from the Appeal Board of a decision under section 14(2)(a)(ii), the Accreditation Authority or the QR Authority, as the case may be, shall, within such period as the Appeal Board may specify—
(a) review the determination or decision under appeal; 
(b) make a decision to confirm, vary or reverse the determination or decision under appeal or substitute any other determination or decision for the determination or decision under appeal; and
(c) notify the Appeal Board and the appellant in writing of its decision and the reasons for the decision.

16. Protection of Chairman, Deputy Chairman or panel member
The Chairman, a Deputy Chairman or a panel member, acting in good faith, shall not be personally liable for any act done or default made by him, in the exercise or purported exercise of the powers conferred by this Part or in the performance or purported performance of the functions or duties imposed under this Part.

17. Appeal rules
(1) There is established a rules committee consisting of—
(a) the Chairman;
(b) all Deputy Chairmen; and
(c) not less than 6 and not more than 8 panel members selected by the Secretary.
(2) The rules committee may make rules—
(a) to provide for the lodging of appeals; and
(b) generally for regulating the practice and procedure of the Appeal Board.
(3) The power to make rules under subsection (2) may be exercised at any meeting of the rules committee by a majority of its members present, and in the case of an equality of votes the Chairman shall have a second or casting vote.
(4) No rule made under subsection (2) shall come into operation before the expiry of the period within which a resolution providing for the amendment of the rule may be passed in accordance with section 34 of the Interpretation and General Clauses Ordinance (Cap. 1).
(5) The Chairman shall preside at meetings of the rules committee.
(6) The quorum for a meeting of the rules committee shall be two-thirds of its members (including the Chairman).