### Civil Liability (Contribution) Ordinance 《民事責任(分擔)條例》

8. Application to the Crown
Without prejudice to section 6(1) of the Crown Proceedings Ordinance (Cap. 300) (indemnity and contribution), this Ordinance shall bind the Crown.
[cf. 1978 c. 47 s. 5 U.K.]

9. Savings
(1) Nothing in this Ordinance shall affect any case where the debt in question became due or (as the case may be) the damage in question occurred before the date on which it comes into force*.
(2) A person shall not be entitled to recover contribution or liable to make contribution in accordance with section 3 by reference to any liability based on breach of any obligation assumed by him before the date of commencement* of this Ordinance.
(3) The right to recover contribution in accordance with section 3 supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under this Ordinance in corresponding circumstances; but nothing in this Ordinance shall affect—
(a) any express or implied contractual or other right to indemnity; or
(b) any express contractual provision regulating or excluding contribution,
which would be enforceable apart from this Ordinance (or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from this Ordinance).
[cf. 1978 c. 47 s. 7 U.K.] Editorial Note:
*Commencement date: 1 January 1985.

### Clubs (Safety of Premises) (Appeal Board) Regulations 《會社(房產安全)(上訴委員會)規例》

1. Citation
These regulations may be cited as the Clubs (Safety of Premises) (Appeal Board) Regulations.

2. Interpretation
In these regulations—
“appellant” (上訴人) means a person who lodges a notice of appeal under section 13 of the Ordinance.

3. Notice of appeal
Notice of appeal under section 13 of the Ordinance shall be—
(a) in Form I in the Schedule; and
(b) lodged by the appellant with the Chairman.

4. Appellant to serve copy of notice of appeal and statement of particulars
When lodging a notice of appeal under section 13 of the Ordinance, the appellant shall at the same time serve a copy of such notice on the Secretary and shall furnish to the Secretary and the Chairman a statement specifying the grounds of the appeal and including such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to ensure that the Appeal Board and the Secretary are fully and fairly informed of the grounds of the appeal.

5. Further particulars
If any party to any appeal requires further particulars from the other party relating to the appeal, he may within 7 days after the service on the Secretary of a copy of the notice of appeal under regulation 4 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on the other party specifying the further particulars required, and the other party shall within 7 days after notice is served under this regulation or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars to the other party and lodge a copy of such particulars with the Chairman.

6. Inspection of documents
(1) Any party to any appeal may at any time serve notice on the other party to produce, within 7 days after the notice is served, any document relating to the appeal for the inspection of the party serving the notice and to permit him to take copies thereof.
(2) Any party who fails to comply with a notice under subregulation (1) shall not afterwards be allowed to put any such document in evidence unless he satisfies the Appeal Board that he had a reason for his failure to comply which the Appeal Board deems sufficient.

7. Date, time and place of hearing
Where notice of appeal is lodged, the Chairman shall fix the date, time and place of the hearing of appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date so fixed, serve on the appellant and on the Secretary notice of the date, time and place in Form 2 in the Schedule.

### Clubs (Safety of Premises) (Appeal Board) Regulations 《會社(房產安全)(上訴委員會)規例》

8. Summons to witness
Upon application by any party to any appeal in Form 3 in the Schedule, the Chairman may issue a witness summons in Form 4 in the Schedule to any person named in the application requiring him to appear before the Appeal Board to produce any document relating to the appeal and to give evidence.

9. Appeal to be conducted in public
The hearing of the appeal shall be conducted in public unless the Chairman of his own motion, or at the request of the appellant or the Secretary, orders that all or any persons should be excluded from the whole or any part of the hearing.

10. Representation
At the hearing of the appeal—
(a) the appellant may be represented by a barrister or solicitor; and
(b) the Secretary may be represented by a barrister or solicitor, including a legal officer.

11. Abandoment of appeal
(1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman.
(2) When lodging a notice under subregulation (1), the appellant shall at the same time serve a copy of such notice on the Secretary.

12. 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 Secretary.
(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 Secretary notice of the date, time and place in Form 2 in the Schedule.

### Clubs (Safety of Premises) (Appeal Board) Regulations 《會社(房產安全)(上訴委員會)規例》

13. Failure of appellant to serve notice of appeal on the Secretary 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 Secretary under regulation 4;
(b) to furnish a statement of particulars to the Secretary and the Chairman under regulation 4; or
(c) to furnish further particulars to the Secretary under regulation 5,
the Appeal Board may dismiss the appeal.

14. 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 Secretary;
(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 15 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.

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