### Administrative Appeals Board Ordinance 《行政上訴委員會條例》

22. Provision relating to costs and witness expenses
(1) The Board shall only make an award as to costs under section 21(1)(k)—
(a) against an appellant, if it is satisfied that he has conducted his case in a frivolous or vexatious manner; and
(b) against any other party to the appeal, if it is satisfied that in all the circumstances of the case it would be unjust and inequitable not to do so.
(2) Any sum awarded under section 21(1)(k) to any of the parties to the appeal shall be a debt due to those parties from such of the other parties to the appeal as the Board may order and be enforceable as a civil debt; and any sum payable by a public officer in right of the Government of Hong Kong or any public body or body established by or by virtue of any enactment shall, subject to subsection (5), be charged on the general revenue.
(3) Any sum payable under section 21(1)(l) as an allowance for the expenses of any witness shall be a charge against such of the parties to the appeal as the Board may order and be enforceable as a civil debt; and any sum payable by a public officer in right of the Government of Hong Kong or any public body or body established by or by virtue of any enactment shall, subject to subsection (5), be charged on the general revenue.
(4) The Board—
(a) may assess the amount of costs to be awarded under section 21(1)(k); or
(b) may order that those costs be taxed on the basis of any one of the scale of costs specified in Part I of Schedule 1 to Order 62 of the Rules of the District Court (Cap. 336 sub. leg. H), (Amended 25 of 2008 s. 18)

and the Schedules to Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A) shall apply to the award, taxation and recovery of costs. (Amended 25 of 1998 s. 2)
(5) Any sum payable under subsection (2) or (3) by any public body or body established by or by virtue of any enactment, that is specified in a note in the Schedule for the purposes of this subsection shall not be charged on the general revenue but shall, instead, be a charge against that public body or body so specified.

23. Questions to be decided by majority
Every question before the Board, except a question of law, shall be determined by the opinions of the majority of members hearing the appeal. Questions of law shall be determined by the Chairman.

### Administrative Appeals Board Ordinance 《行政上訴委員會條例》

24. Case may be stated for Court of Appeal
(1) The Board may, before an appeal is determined, refer any question of law arising in the appeal to the Court of Appeal for determination by way of case stated.
(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Board for amendment in such manner as the Court of Appeal may order and the Board shall comply with such order.

25. Decision of the Board
(1) The Board shall give reasons in writing for its decisions, and those reasons shall include its findings on material questions of fact and a summary of the evidence or other material on which those findings were based.
(2) The Secretary shall serve a copy of the Board’s decision and of the reasons for its decision on the parties to the appeal.
(3) Where the Board orders that its decision is not to come into operation until a specified date, the decision comes into operation on that date; in other cases, the decision of the Board comes into operation immediately the decision is given.
(4) A document purporting to be a copy of a decision or order of the Board and to be certified by the Secretary to be a true copy of the decision or order is admissible in any proceedings as evidence of the decision or order.

26. Immunity
(1) The Chairman, Deputy Chairmen and members of the Board have, in the performance of their duties under this Ordinance, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that court.
(2) A witness before the Board shall be entitled to the same privileges and immunities as if he were a witness in civil proceedings in the Court of First Instance.
(Amended 25 of 1998 s. 2)

27. Extension of time limits
(1) Notwithstanding section 9, the Chairman may, upon application in writing by a person and if satisfied that there is good cause for doing so, extend the time within which that person may appeal to the Board under this or any other Ordinance.
(2) Notwithstanding anything in this Ordinance, upon application in writing by a party to an appeal to the Board and if satisfied that there is good cause for doing so—
(a) the Chairman may, before the Board starts to hear the appeal; and
(b) the Board may, after the Board starts to hear the appeal,

extend the time within which that party is required or permitted to do anything under this Ordinance.
(3) The power to extend the time under subsection (1) or (2) may be exercised by the Chairman or by the Board, as the case may be, although the application for that extension is not made until after the expiration of the time to which the application relates.

### Administrative Appeals Board Ordinance 《行政上訴委員會條例》

28. Offences relating to the Board
Any person who—
(a) refuses or fails to comply with—
(i) any lawful order, requirement or direction of the Board or the Chairman; or
(ii) the requirement of any rule made by the Chairman under section 30; or
(b) disturbs or otherwise interferes with the proceedings of the Board,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Amended E.R. 1 of 2012)

29. Giving of notices
Where this Ordinance authorizes or requires any document to be served or any notice to be given, the document may be served or the notice may be given by post.

30. Chairman may make rules
The Chairman, with the prior approval of the Chief Justice, may make rules—
(a) providing for the practice and procedure applying to proceedings before the Board;
(b) relating to the payment of allowances for expenses of witnesses under section 21(1)(l);
(c) generally for the better carrying out of this Ordinance.

31. Transitional
(1) Any right of appeal subsisting immediately before the commencement of section 9 under a provision in an Ordinance amended by this Ordinance shall be treated as being a right of appeal to the Board under that provision as so amended.
(2) Any appeal pending immediately before the commencement of section 9 under a provision in an Ordinance amended by this Ordinance shall be treated and disposed of as if it were an appeal pending to the Board under that provision as so amended.

### Bills of Lading and Analogous Shipping Documents Ordinance 《提單及相類裝運單據條例》

1. Short title
(Amended E.R. 4 of 2021)(1) This Ordinance may be cited as the Bills of Lading and Analogous Shipping Documents Ordinance.
(2) (Omitted as spent—E.R. 4 of 2021)(3) Nothing in this Ordinance shall have effect in relation to any document issued before this Ordinance comes into operation*.

Editorial Note:
* Operation date: 1 March 1994.