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

8. Provision where Chairman, Deputy Chairman or member absent
(1) If, for any period, the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint any Deputy Chairman to act as Chairman and as such to exercise and perform all the functions of the Chairman during that period. (Amended 59 of 1999 s. 3)
(2) If, for any period, a Deputy Chairman presiding at an appeal or a person appointed by the Secretary under section 5(3)(b) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Secretary may appoint any Deputy Chairman or, as the case may be, any other person from the panel referred to in section 6(2) to act in his place and in so acting, to exercise and perform all the functions of the Deputy Chairman so presiding or of that person, during that period.
(3) The hearing of an appeal may, with the consent of the appellant and of the respondent, continue notwithstanding a change in the membership of the Board.
(4) If the term of appointment of the Chairman or a Deputy Chairman presiding at an appeal or of any person appointed by the Secretary under section 5(3)(b) expires during the hearing of any appeal, the Chairman or such Deputy Chairman or such person may continue to hear the appeal until the appeal is determined.

9. Appeals to the Board
Any person who may appeal to the Board under a provision of an Ordinance and wishes to do so shall lodge with the Secretary a notice of appeal in such form and manner as the Chairman may determine— (Amended 23 of 2002 s. 13)
(a) in the case where a period within which an appeal may be made is prescribed by or by virtue of any Ordinance, within that period;
(b) in the case where no such period is prescribed, within 28 days after receiving notice of the decision.

10. Secretary to serve notice of appeal on respondent
The Secretary shall serve a copy of a notice lodged with him under section 9 on—
(a) the respondent within 14 days after a notice of appeal is so lodged, or such longer period as the Chairman, on application, may allow in any particular case; and
(b) any person, other than the appellant, who appears to the Secretary to be a person who—
(i) is bound by the decision appealed against; or
(ii) before the decision appealed against was made, had made representations to the respondent in relation to the subject-matter of that decision,

within 28 days after a notice of appeal is so lodged, or such longer period as the Chairman, on application, may allow in any particular case.

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

12. Further particulars
(1) If any of the parties to the appeal requires further particulars from any of the other parties, he may, with the approval of the Chairman, within 14 days after the service on him by the Secretary of a copy of the notice of appeal under section 10 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on such of the other parties specifying the further particulars required, and such of the other parties shall, subject to section 14, within 14 days after notice is served under this section or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars and lodge a copy of such particulars with the Chairman.
(2) A notice served under this section shall have effect as if it were a lawful order, requirement or direction of the Chairman.

13. Inspection of documents
(1) Any of the parties to the appeal may, with the approval of the Chairman, at any time serve notice on any of the other parties to produce any document relating to the appeal for his inspection and to permit him to take copies thereof and such of the other parties shall, subject to section 14, within 14 days after the notice is served, or such longer period as the Chairman, on application, may allow in any particular case, so produce and permit.
(2) A notice served under this section shall have effect as if it were a lawful order, requirement or direction of the Chairman.

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

14. Privilege against disclosure
(1) A respondent shall, for the purposes of an appeal, have the same privileges in respect of disclosure of information, particulars and documents as if the proceedings were proceedings before a court of law; and the Board may, on the application of the appellant or of any person of the description mentioned in section 11(1)(a), give directions relating to—
(a) the disclosure to the appellant or to any such person of any information, matter or particular referred to in section 11 or 12; or
(b) the provision or the production to the appellant or to any such person of a document or part of a document or a copy of a document or a copy of part of a document referred to in section 11 or 13; or
(c) the inspection by the appellant or by any such person of any such document, copy or part.
(2) An appellant and any person of the description mentioned in section 11(1)(a) shall, for the purposes of an appeal, have the same privileges in respect of disclosure of information, particulars and documents as if the proceedings were proceedings before a court of law; and the Board may, on the application of any of the parties to the appeal, give directions relating to—
(a) the disclosure to any such party of any information, matter or particular referred to in section 12; or
(b) the provision or the production to any such party of a document or part of a document or a copy of a document or a copy of part of a document referred to in section 13; or
(c) the inspection by any such party of any such document, copy or part.
(3) The Board shall not give directions under this section without affording the party in respect of whom the directions are to be given an opportunity to make representations to it.
(4) For the purposes of this section, the question, in any particular case—
(a) as to whether the Board should give directions under this section; and
(b) where the Board gives directions, as to whether those directions were properly given,

shall be a question of law.

15. Evidence on summons
Any of the parties to an appeal may at any time, by application in such form as the Chairman may determine, request the Board to issue a notice in writing to any person named in the application requiring him to appear before the Board to give evidence and to produce any document relating to the appeal that is in his possession or under his control.

16. Date, time and place of hearing
Where notice of appeal is lodged, the Secretary shall fix the date, time and place of the hearing of the 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 parties to the appeal notice of the date, time and place in such form as the Chairman may determine.