### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》

26. Determination of appeal
(1) The appeal board shall conduct a hearing into the grounds for the Director’s decision to which the appeal before it relates.
(2) Where a member of the appeal board is in any way directly or indirectly interested in any appeal—
(a) he shall disclose the nature of his interest at a meeting of the appeal board;
(b) the disclosure shall be recorded in the minutes of the appeal board; and
(c) he shall not, without the permission of the chairman of the appeal board, take any part in any deliberation or determination of the appeal board in respect of that appeal.
(3) Where the chairman of an appeal board does not permit a member of the appeal board who has made a disclosure under subsection (2) to take any part in any deliberation or determination of the appeal board in respect of the appeal to which that disclosure relates, the member shall not be counted for the purpose of forming a quorum of the appeal board at any hearing of that appeal.
(4) For the purposes of subsection (1), the appeal board hearing an appeal shall have all the powers of the Director in respect of the decision of the Director against which the appeal is made, and shall determine the appeal by an order in writing—
(a) confirming or revoking;
(b) varying in such manner as it thinks fit; or
(c) substituting its own decision for,
such decision.
(5) The Director shall do all such things as are necessary to give effect to an order under subsection (4).
(6) The appeal board may in an order under subsection (4) give such directions as it thinks fit with respect to the costs of the hearing of the appeal to which the order relates and the costs of the Director or of the appellant.
(7) Any costs awarded or imposed by virtue of any directions referred to in subsection (6) are recoverable as a civil debt.

27. Conduct of hearing
(1) Subject to this Part, the procedure of any hearing shall be determined by the appeal board.
(2) In conducting a hearing, the appeal board may receive such evidence as it thinks fit and neither the provisions of the Evidence Ordinance (Cap. 8) nor any other rule of law relating to the admissibility of evidence shall apply in relation to the hearing.
(3) A counsel, solicitor or legal officer may be present at a hearing to advise the chairman of the appeal board on any matter.

### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》

28. Summons, etc.
The appeal board may, for the purposes of a hearing—
(a) by notice in writing under the signature of the chairman of the appeal board and served on a person, require—
(i) the attendance of the person before the appeal board;
(ii) the production to the appeal board of relevant documents specified in the notice which are in the possession or under the control of the person;
(b) by notice in writing under the signature of the chairman of the appeal board—
(i) order the inspection of any premises in which any amusement ride has been installed or in which any installation works in respect of an amusement ride have been carried out;
(ii) authorize the entry upon and the viewing of such premises.

29. Representation
(1) The appellant at a hearing may be represented at the hearing by—
(a) a counsel or solicitor; or
(b) an agent.
(2) The Director may be represented at a hearing by a counsel, solicitor, agent or legal officer.
(3) A counsel, solicitor, agent or legal officer appearing before the appeal board at a hearing shall have the same liabilities, protection and immunity as a counsel has in appearing for a party in proceedings before the District Court.

30. Evidence
(1) A person appearing before the appeal board to give evidence at a hearing shall, where required by the appeal board, take an oath.
(2) The chairman of the appeal board may—
(a) administer an oath to a person appearing before the appeal board to give evidence at a hearing; and
(b) require a person to answer any question relevant to the appeal before it.
(3) A person appearing before the appeal board to give evidence at a hearing shall have the same liabilities, protection and immunity as a witness has in proceedings before the District Court.

31. Effect of determination
Where the appeal board determines an appeal under section 26, the determination shall take effect on the date specified by the appeal board in its order under that section.

32. Majority decision
The determination under section 26 by the appeal board of an appeal shall be that of the majority of the members of the appeal board present, except that in the case of an equality of votes, the chairman of the appeal board shall have a casting as well as a deliberative vote.

33. Notification to appellant
The Director shall, as soon as practicable after an order has been made under section 26 in respect of an appeal, serve a copy of that order on the appellant.

### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》

34. Offences and penalties
(1) Any person who—
(a) contravenes section 6, 7(1), 10, 11(1), 12(2), 13(1), (3) or (4), 14, 15(3), 17, 18, 21(4) or 22; or
(b) fails, without reasonable excuse, to comply with a requirement under section 8(2), 11(2) or (4), 12(1), 13(2), 15(1), 16(2) or 39 or to comply with a direction given to him under section 7(2) or 11(3) or a signal or direction given to him under section 19,
commits an offence and is liable to the penalty set out in columns 2, 3 and 4 of Schedule 1 opposite the reference to that section in column 1 of Schedule 1. (Amended 72 of 1995 s. 12)
(2) Any person who, without reasonable excuse, obstructs—
(a) the Director in the exercise of his powers under section 8(1) or 16(1); or
(b) any designated employee in the exercise of his powers under section 20,
commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(3) Any person who, without reasonable excuse—
(a) fails to comply with a requirement specified in a notice under section 28(a) or to comply with a requirement under section 30(1) or (2)(b); or
(b) obstructs the inspection of premises or the entry upon or viewing of premises pursuant to a notice under section 28(b),
commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(Amended E.R. 1 of 2022)