### Noise Control (Appeal Board) Regulations 《噪音管制(上訴委員會)規例》

13. Failure of appellant to attend hearing
(1) If on the day and time fixed for the hearing of the appeal the appellant fails to attend the hearing either in person or by a barrister or solicitor, the Appeal Board may—
(a) if satisfied that the appellant’s failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) dismiss the appeal.
(2) Where the appeal is dismissed by the Appeal Board under subregulation (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Appeal Board to review its order and the Appeal Board may, if satisfied that the appellant’s failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal.
(3) When lodging a notice under subregulation (2), the appellant shall at the same time serve a copy of such notice on the Authority.
(4) Where the Appeal Board sets aside an order for dismissal under subregulation (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date so fixed, serve on the appellant and on the Authority notice of the date, time and place in Form 3 in the Schedule.

14. Failure of appellant to serve notice of appeal on the Authority or to furnish particulars
Where an Appeal Board is satisfied that the appellant has failed—
(a) to serve a copy of the notice of appeal on the Authority under regulation 5; or
(b) to furnish a statement of particulars to the Authority and the Chairman under regulation 5; or
(c) to furnish further particulars to the Authority under regulation 6,
the Appeal Board may dismiss the appeal.

15. Record of proceedings
The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by the Appeal Board—
(a) the grounds of the appeal;
(b) the name of the appellant;
(c) the name of any person who appears as a witness for the appellant;
(d) the name of any person who appears as a witness for the Authority; (L.N. 126 of 1995)
(e) the name of any person summoned as a witness before the Appeal Board;
(f) the evidence of any person who gives evidence;
(g) the decision of the Appeal Board;
(h) the amount of any sum awarded under section 21(6)(e) of the Ordinance in respect of the costs involved in the appeal; and the name of the person in favour of whom the award was made.

### Noise Control (Appeal Board) Regulations 《噪音管制(上訴委員會)規例》

16. Service of notices by Chairman or appellant
Any notice required to be served under these regulations—
(a) by the Chairman on the appellant or the Authority; or
(b) by the appellant on the Authority,
may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or of the Authority, as the case may be.
(L.N. 126 of 1995) 

### Queen Elizabeth Foundation for the Mentally Handicapped Ordinance 《伊利沙伯女皇弱智人士基金條例》

1. Short title
This Ordinance may be cited as the Queen Elizabeth Foundation for the Mentally Handicapped Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
committee (委員會) means a committee established under section 7(1);
Council (理事會) means the Council of the Foundation established under section 5;
Foundation (基金) means the Queen Elizabeth Foundation for the Mentally Handicapped established by section 3(1);
Foundation assets (基金資產) means the assets of the Foundation described in section 3(4);
Foundation income (基金收益) means income of the Foundation derived from Foundation assets;
mental handicap (弱智) means any condition of arrested or incomplete development of the mind which involves a significant impairment of intelligence or of social functioning;
the mentally handicapped (弱智人士) means persons suffering from mental handicap.

3. Establishment of Foundation
(1) There is established a body corporate to be known as the “Queen Elizabeth Foundation for the Mentally Handicapped”.
(2) The purpose of the Foundation shall be the furtherance of the welfare, education and training of the mentally handicapped in Hong Kong, and the promotion of their employment prospects.
(3) There shall be paid to the Foundation by the Government—
(a) from the Special Coin Suspense Account (established by resolution of the Legislative Council on 19 March 1975)—
(i) the net profit accruing from the sale of gold coins by the Government to commemorate the visit to Hong Kong in 1986 of Her Majesty Queen Elizabeth II; and
(ii) such sum as will make the total payments from that Account $30 million;
(b) from the general revenue, a matching contribution of $30 million.
(4) The assets of the Foundation shall be—
(a) the sums paid by the Government under subsection (3);
(b) the sum of $30 million to be donated by the Royal Hong Kong Jockey Club;
(c) such further moneys or property as may from time to time be donated, subscribed or bequeathed to the Foundation and accepted by the Council or otherwise acquired by the Foundation; and
(d) Foundation income accumulated under section 6(3)(d).

4. Seal
The fixing of the seal of the Foundation shall be—
(a) authorized or ratified by resolution of the Council; and
(b) authenticated by the signature of any 2 members of the Council authorized by the Council either generally or specially to act for that purpose.

### Queen Elizabeth Foundation for the Mentally Handicapped Ordinance 《伊利沙伯女皇弱智人士基金條例》

5. Establishment of Council
There shall be a Council which shall be known as the “Council of the Queen Elizabeth Foundation for the Mentally Handicapped” and which shall consist of—
(a) a Chairman appointed by the Chief Executive; (Amended 18 of 1999 s. 3)
(b) the Secretary for Home and Youth Affairs, or his representative; (Amended L.N. 262 of 1989; L.N. 144 of 2022)
(ba) the Permanent Secretary for Education, or his representative; (Added 58 of 1991 s. 2. Amended 3 of 2003 s. 41; L.N. 130 of 2007)
(bb) the Director of Social Welfare, or his representative; (Added 58 of 1991 s. 2)
(c) the Commissioner for Rehabilitation, or his representative;
(d) a member nominated by the Hong Kong Jockey Club and appointed by the Chief Executive; and (Amended 18 of 1999 s. 3)
(e) not less than 7 nor more than 9 other members appointed by the Chief Executive. (Amended 58 of 1991 s. 2; 18 of 1999 s. 3)

6. Duties and powers of Council
(1) Subject to this Ordinance, the Council, in the name and on behalf of the Foundation—
(a) shall apply Foundation income and may apply Foundation assets for carrying out the purpose of the Foundation as described in section 3(2); and
(b) shall determine and perform all matters relating to the application of that income and those assets and the carrying out of that purpose.
(2) In performing its duties under subsection (1), the Council may apply all Foundation income and all the Foundation assets except that—
(a) sufficient income shall be reserved in each financial year to make payments under sections 9 and 14(b) in respect of that financial year;
(b) a sum of $81 million (being 90 per cent of the value of the Foundation assets described in section 3(4)(a) and (b)) shall be reserved for investment in accordance with subsection (3)(a).
(3) The Council may, in the name and on behalf of the Foundation—
(a) invest the Foundation assets in such investments as the Council thinks fit;
(b) convert into money any Foundation assets not acquired in the form of money;
(c) borrow money in such manner, on such terms and against such security as the Council thinks expedient;
(d) accumulate Foundation income not applied under subsection (2) or paid under section 9 or 14(b).