### Land Survey Ordinance 《土地測量條例》

18. Appeal from decisions of the Committee
(1) Where the Committee has decided to refuse—
(a) an application for registration;
(b) an application for renewal of registration; or
(c) an application for reinstatement of name in the register,
the relevant applicant who is dissatisfied with the decision may appeal to the Court of Appeal against the decision and Order 59 of the Rules of the High Court (Cap. 4 sub. leg. A) applies to the appeal. (Amended 25 of 1998 s. 2; 10 of 2005 s. 103)
(2) The Court of Appeal may affirm, reverse or vary the decision of the Committee appealed against.
(3) In an appeal under this section, the Committee is the respondent.
(4) The hearing of an appeal under this section shall be in open court unless, and to the extent to which, the Court of Appeal otherwise directs.

### Land Survey Ordinance 《土地測量條例》

19. Disciplinary Board Panel
(1) For the purposes of conducting inquiries under this Part, there shall be appointed a panel of persons to be known as the Disciplinary Board Panel.
(2) The Panel shall consist of the following persons appointed by the Chief Executive— (Amended 62 of 2000 s. 3)
(a) 3 authorized land surveyors, not being public officers, who—
(i) have at least 5 years land boundary survey experience in Hong Kong; and
(ii) are nominated by the Institute;
(b) 3 persons who—
(i) are, under the constitution of the Institute, corporate members of the Institute under any division other than the Land Surveying Division;
(ii) have been in practice in the surveying profession in Hong Kong for at least 5 years; and
(iii) are nominated by the Institute;
(c) 3 persons, not being public officers, each of whom is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336).
(3) Subject to subsection (6), a person appointed under this section shall be appointed for such period not exceeding 2 years as may be specified in the terms of his appointment but may be reappointed.
(4) An appointment under this section shall be notified in the Gazette by the Secretary.
(5) Any person, other than a public officer, appointed under this section may resign by notice in writing to the Secretary.
(6) Any person appointed under this section may be removed from the Panel by the Chief Executive if the person— (Amended 62 of 2000 s. 3)
(a) has been found guilty of misconduct by the professional organization to which he belongs;
(b) has been convicted of a criminal offence by any court or magistrate in Hong Kong or elsewhere; or
(c) ceases to hold the membership or qualification which qualified him for appointment under this section.
(7) The Secretary shall, by notice in writing, inform the person of his removal under subsection (6).

### Land Survey Ordinance 《土地測量條例》

20. Disciplinary offences
An authorized land surveyor commits a disciplinary offence if he—
(a) is convicted in Hong Kong or elsewhere of any offence involving fraud, dishonesty or moral turpitude;
(b) obtains his registration or renewal of registration by fraud or misrepresentation;
(c) is convicted in Hong Kong or elsewhere of any offence punishable by imprisonment for a term of 2 years or longer and sentenced to imprisonment, whether suspended or not;
(d) is negligent or misconducts himself in any professional respect as an authorized land surveyor;
(e) certifies that any land boundary survey or any part of such survey was carried out by him personally or under his personal supervision or direction without having personally carried out or supervised or directed the survey or that part of the survey;
(f) certifies that any land boundary plan correctly represents the results of a land boundary survey knowing that it does not correctly represent such results;
(g) certifies that any survey record plan correctly records the survey data in a land boundary survey knowing that it does not correctly record such data;
(h) certifies that any field note correctly records the field observations or measurements in a land boundary survey knowing that such note does not correctly record such observations and measurements;
(i) certifies the compliance of any land boundary survey or of any land boundary plan or survey record plan or field note produced from a land boundary survey with any code of practice approved under this Ordinance knowing that it does not so comply;
(j) supplies to the Authority any erroneous information in relation to any land boundary survey, knowing that the information supplied is erroneous;
(k) fails without reasonable excuse to perform any duty imposed on authorized land surveyors by or under this Ordinance; or
(l) fails without reasonable excuse to comply with a requirement of the Authority under section 30(6) or (8).

21. Reference to the Secretary of disciplinary offences
(1) A complaint concerning a disciplinary offence alleged to have been committed by an authorized land surveyor may be made to the Authority.
(2) The Authority shall refer any complaint concerning a disciplinary offence by an authorized land surveyor to the Secretary as soon as it is practicable after the receipt of the complaint.
(3) Notwithstanding that no complaint has been made to him, where the Authority is of the opinion or suspects that an authorized land surveyor has committed a disciplinary offence, he may make a complaint to the Secretary.

### Land Survey Ordinance 《土地測量條例》

22. Disciplinary Board
(1) Where the Secretary, upon a referral or a complaint made under section 21, is of the opinion that there should be an inquiry into the conduct of the authorized land surveyor concerned, the Secretary shall appoint a board to be called a Disciplinary Board to conduct such an inquiry.
(2) A Disciplinary Board appointed under subsection (1) shall comprise—
(a) a chairman who shall be a person appointed to the Panel under section 19(2)(c); and
(b) 2 persons, one appointed to the Panel under section 19(2)(a) and another appointed under section 19(2)(b).
(3) The chairman and a member of the Disciplinary Board, other than a public officer, shall be remunerated at such rate as the Secretary may determine from time to time or in any particular case.
(4) The Secretary shall also appoint a public officer to act as the secretary to a Disciplinary Board.

23. Inquiry by Disciplinary Board
(1) In relation to an inquiry, every question before a Disciplinary Board shall be determined by the opinion of the majority of the members of the Board except that a question of law shall be decided by the chairman.
(2) The inquiry shall be held in public unless the Disciplinary Board decides that the inquiry, or any part of the inquiry, shall be held in private upon the application of the authorized land surveyor who is the subject of the inquiry.
(3) Where the inquiry is held in private, the Disciplinary Board may exclude from the inquiry any person who is not a party to the inquiry or who is not a witness, counsel or solicitor of such a party.
(4) Where an authorized land surveyor is alleged to have committed a disciplinary offence under section 20(a) or (c), a Disciplinary Board—
(a) shall not be required to inquire whether the authorized land surveyor was properly convicted of the alleged offence; and
(b) may consider any record of the case in which the conviction was recorded and any other evidence which is relevant as showing the nature and gravity of the offence.
(5) The Disciplinary Board may, in deciding whether a person has committed a disciplinary offence, have regard to any code of professional conduct or practice currently in use by the Institute.

### Land Survey Ordinance 《土地測量條例》

25. Disciplinary action
(1) Where, after an inquiry has been conducted, the Disciplinary Board finds that the authorized land surveyor whose conduct was inquired into has committed a disciplinary offence, the Disciplinary Board may—
(a) order the Registrar to remove his name from the register permanently;
(b) order the Registrar to remove his name from the register for such period as the Board thinks fit; or
(c) reprimand the authorized land surveyor in writing and order the Registrar to record the reprimand on the register.
(2) An order of a Disciplinary Board made under this section takes effect notwithstanding the making of any appeal under section 27.
(3) The secretary to the Disciplinary Board shall serve a copy of an order made under subsection (1) on the authorized land surveyor concerned.