### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

7. Powers of Board in respect of appeal
(1) In determining an appeal against an administrative decision or an appeal board decision, the Board—
(a) may exercise all the powers and discretions that are conferred on the person who made the administrative decision or the first decision, as the case may require;
(b) shall affirm, vary or set aside the administrative decision or the appeal board decision and, where it sets aside the administrative decision or the appeal board decision, it shall substitute its own decision.
(2) Subsection (3) applies where the Board is determining—
(a) an appeal against an administrative decision; or
(b) an appeal against an appeal board decision.
(3) If the respondent to an appeal referred to in subsection (2) has lodged a statement of policy referred to in section 9(1)(a)(iia), and the Board—
(a) is satisfied that at the time the respondent made the relevant decision—
(i) the appellant was aware of the statement of policy; or 
(ii) any person having a right of appeal against a decision of that kind could reasonably have been expected to be aware of the statement of policy,
the Board shall, to the extent that the statement is within the power of the respondent, have regard to that statement;
(b) is not so satisfied, the Board may, to the extent that the statement is within the power of the respondent, have regard to that statement.
(Replaced 78 of 1999 s. 7)

8. Manner in which appeal commenced
(1) An appeal to the Board shall be in writing and in a form approved by the Chairman. (Amended 78 of 1999 s. 7)
(2) The Secretary shall give written notice of the appeal, in a form approved by the Chairman to—
(a) the respondent;
(aa) in the case of an appeal against an appeal board decision, the secretary to the Licensing Appeals Board; and (Added 78 of 1999 s. 7)
(b) any person (other than the appellant) who is bound by the decision appealed against. (Amended 78 of 1999 s. 7)
(c) (Repealed 78 of 1999 s. 7)(3) If the Chairman so directs, the Secretary shall also give notice to any person (other than the appellant) who has made representations—
(a) to the respondent, on the subject matter of the administrative decision or the first decision, before the relevant decision was made; or
(b) to the Licensing Appeals Board, on the subject matter of the appeal board decision, before that decision was made. (Added 78 of 1999 s. 7)

### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

10. Hearings to be in public except in special circumstances
(1) Subject to subsection (2), the hearing of an appeal to the Board shall be in public. (Amended 78 of 1999 s. 7)
(2) Where the Board hearing an appeal, after consulting the parties to the appeal, is satisfied that it is desirable to do so, it may by order—
(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; and
(b) give directions prohibiting or restricting the publication or disclosure to some or all of the parties to the appeal of evidence given before the Board or of matters contained in documents lodged with the Board or received in evidence by the Board.

11. Appearance before Board
The parties to an appeal may be present at the hearing of the appeal and make representations either in person or by counsel or solicitor or, with the consent of the Board hearing the appeal, by some other person.

11A. Languages
(1) The hearing of an appeal to the Board may be conducted in the English or Chinese language or both as the Board thinks fit.
(2) Notwithstanding subsection (1)—
(a) any party to an appeal or any person making representations under section 11 (other than a counsel or solicitor) may address the Board in any language;
(b) any witness testifying before the Board may testify in any language.
(Added 51 of 1995 s. 12)

### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

12. Conduct of proceedings, evidence etc.
(1) For the purposes of an appeal, the Board hearing the appeal may—
(a) subject to this Ordinance, determine its own procedure;
(b) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, even though such material would not be admissible in evidence in civil or criminal proceedings;
(c) by notice in writing signed by the Chairman or Vice-chairman, require any person to attend before it at any hearing and to give evidence and produce documents;
(d) administer oaths and affirmations;
(e) examine on oath, affirmation or otherwise any person attending before it and require such person to answer all questions put by or with the consent of the Board;
(f) determine the manner in which the material referred to in paragraph (b) shall be received;
(g) adjourn any hearing as it may deem fit,
and may do all things—
(i) ancillary to the powers conferred by this section; or
(ii) reasonably necessary for the discharge of its functions under this Ordinance.
(2) For the purposes of an appeal, the Chairman may, before the Board starts to hear the appeal, by notice in writing signed by him require any person to attend before the Board at any hearing and to give evidence and produce documents.
(3) A legal officer may advise the Board on any matter and may be present at any proceeding before the Board. (Amended 78 of 1999 s. 7)

13. Questions of law
(1) The Board may, for the purposes of any appeal, refer any question of law arising in that appeal to the Court of Appeal for determination by way of case stated. (Amended 78 of 1999 s. 7)
(2) On the hearing of the case the Court of Appeal may amend the statement of the case or order it to be sent back to the Board for amendment.

14. Questions to be decided by majority
Every question before the Board shall be determined by the opinions of the majority of the persons constituting the Board.
(Amended 78 of 1999 s. 7)