### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

125A. Establishment and membership of Licensing Appeals Board
(1) There is established a board to be known as the “Licensing Appeals Board”. (Amended E.R. 4 of 2019)
(2) The Board is to consist of—
(a) a Chairman;
(b) a Vice-Chairman; and
(c) not less than 13 other members,
appointed by the Chief Executive in accordance with this section.
(3) A public officer may not be appointed to the Board under subsection (2).
(4) A person appointed as Chairman or Vice-Chairman or other member under subsection (2) is to hold and vacate office in accordance with the person’s terms of appointment.
(5) A member may resign as member, Chairman or Vice-Chairman by giving written notice to the Chief Executive.
(Added 78 of 1999 s. 7)

125B. Functions and powers of the Board and appeals from its decisions
(1) The function of the Board is to hear and determine any appeal which lies to the Board under section 125.
(2) In determining an appeal, the Board may exercise all the powers and discretions that are conferred on the person who made the decision appealed from.
(3) In determining an appeal, the Board may affirm, vary or set aside the decision and, where it sets aside the decision, it shall substitute its own decision. The Board may also extend the time specified, if any, for complying with the requirement of any notice issued, or an order made by the licensing authority referred to in section 125.
(4) A person who appeals to the Board, if dissatisfied with the decision of the Board may appeal to the Municipal Services Appeals Board within 14 days after receiving notice of the decision.
(5) If an appeal is made under subsection (4), the Board may, in its discretion, suspend the operation of the decision to which the appeal relates, pending the determination of the appeal.
(Added 78 of 1999 s. 7)

125C. How the Board is to be constituted for the purposes of an appeal
(1) For the purposes of hearing an appeal or making a decision for the purposes of section 125B(5), the Board is to consist of—
(a) the Chairman or Vice-Chairman; and
(b) 4 other members nominated under subsection (2).
(2) The secretary must nominate 4 members for the purposes of subsection (1)(b).
(3) In nominating members under subsection (2), the secretary is subject to the direction of the Chairman or Vice-Chairman.
(Added 78 of 1999 s. 7)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

125D. Parties to an appeal
The parties to an appeal are the appellant and the licensing authority from whose decision the appeal is brought.
(Added 78 of 1999 s. 7)

125E. Provisions applicable to a hearing
(1) The Chairman or Vice-Chairman is to preside at the hearing of an appeal.
(2) An appeal board decision shall be taken by a majority.
(3) If after the commencement of the hearing of an appeal, one or more members (other than the person presiding) are unable to continue, the remaining members, so long as their number (including the person presiding) is not less than 3 may, with the consent of the parties, continue to hear and determine the appeal, and the Board remains duly constituted.
(4) If the Board is constituted by an even number of members under subsection (3), the person presiding shall have a casting vote when there is an equality of votes.
(5) Subject to this section and rules made under section 125G the person presiding may determine the procedure at the hearing of an appeal made to the Board.
(Added 78 of 1999 s. 7)

125F. Board to give reasons for decision
(1) The Board must give reasons for its decisions.
(2) The secretary must serve a copy of the Board’s decision and of the reasons for the decision on the parties to an appeal.
(Added 78 of 1999 s. 7)

125G. Board may make rules
(1) The Board may make rules regulating the making of appeals to the Board, specifying the documents to be lodged or served in relation to an appeal and providing for the hearing and determining of those appeals and the enforcement of its decisions.
(2) The rules made under subsection (1) are subsidiary legislation.
(Added 78 of 1999 s. 7)

125H. Meetings of the Board other than appeal hearings
At a meeting of the Board, other than an appeal hearing or a meeting for the purposes of section 125B(5)—
(a) the quorum shall be not less than half the members of the Board for the time being;
(b) the Chairman or Vice-Chairman shall preside;
(c) decisions are to be made by a majority of the members present and voting; and
(d) the person presiding has a casting vote.
(Added 78 of 1999 s. 7)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

125I. Staff
(1) The Secretary for Environment and Ecology may appoint— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) a secretary to the Board; and
(b) such other staff as the Secretary for Environment and Ecology considers necessary.
(2) The Secretary for Environment and Ecology may appoint a legal adviser to advise on legal matters relating to an appeal and the legal adviser may be present at any hearing before the Board or deliberations of the Board to so advise the Board.
(Added 78 of 1999 s. 7. Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

132. Institution and conduct of certain proceedings
Any public officer in whose name proceedings for an offence under any of the provisions of this Ordinance or any regulations made thereunder may be brought may authorize in writing, either generally or in any particular case, any public officer to institute on behalf of such public officer any such proceedings before any court or to conduct on behalf of such public officer any such proceedings before any court, and any public officer so authorized may institute such proceedings and may conduct them before any court notwithstanding the provisions of the Legal Practitioners Ordinance (Cap. 159).
(Amended 78 of 1999 s. 7)

133. Disposal of property coming into possession of certain public officers
Where, under any of the provisions of this Ordinance, any public officer who is an Authority for the purposes of any of the provisions of this Ordinance comes into possession of any property, section 102 of the Criminal Procedure Ordinance (Cap. 221) shall, unless the manner of disposal of the same is otherwise expressly provided, apply as if such public officer were the police within the meaning of that section and such property were property which had come into the possession of the police in connection with a criminal offence.
(Amended 78 of 1999 s. 7)