### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

33. Appeal against decision of the Authority
(1) Where a person is aggrieved by—
(a) a term or condition imposed or a requirement made or a direction given by the Authority under this Ordinance; or
(b) a refusal by the Authority to give a consent, approval or permission under this Ordinance; or
(c) a revocation or suspension by the Authority of a consent, approval or permission given under this Ordinance,
the person may appeal against the decision to an Appeal Board by serving on the Secretary a notice of appeal in writing—
(i) not later than 28 days after the notice of that decision was served on the person; and
(ii) specifying the substance of his grievance and reasons for the appeal.
(2) Within 14 days after the receipt of a notice of appeal, the Secretary shall forward it to the Chairman unless, before the expiration of that period, the appellant has withdrawn the notice.
(3) A decision that is appealed against under subsection (1) shall not be suspended in its operation unless the Authority decides otherwise.

34. Appeal Board panel
(1) The Secretary shall appoint, to be members of an Appeal Board panel, such persons as are specified in Schedule 1.
(2) A public officer is not eligible for appointment to the panel.
(3) Subject to subsection (4), a member of the panel shall hold office for 3 years but shall be eligible for reappointment.
(4) A member of the panel may resign at any time by notice in writing delivered to the Secretary and the Secretary may, at any time and for any reason, revoke the appointment of any person as a member of the panel.
(5) An appointment under subsection (1) shall be notified in the Gazette.

35. Chairman of appeal boards
(1) The Secretary shall appoint as Chairman of appeal boards a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336).
(2) Subject to subsection (4), the Chairman shall be appointed for a term of 3 years but may be reappointed.
(3) An appointment under subsection (1) shall be notified in the Gazette.
(4) The Chairman and any person appointed under section 36 may resign at any time by notice in writing delivered to the Secretary.

36. Acting Chairman
If the Chairman is, because of illness or any other reason, unable to perform his duties for any period or for any particular appeal, the Secretary may appoint another person who is qualified under section 35 to act as Chairman during that period.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

37. Appeal Board
(1) Within 21 days after receipt of a notice of appeal forwarded by the Secretary, the Chairman shall appoint an Appeal Board to hear the appeal to which the notice relates.
(2) The Appeal Board shall consist of such persons as are specified in Schedule 2.
(3) The Chairman and members of the Appeal Board shall be remunerated out of money provided by the Legislative Council for the purpose at such rate as the Secretary for Financial Services and the Treasury may determine from time to time or in any particular case. (Amended L.N. 106 of 2002)

38. Amendments of Schedules 1 and 2
The Secretary may, by order published in the Gazette, amend Schedules 1 and 2.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

39. Determination of appeal
(1) The Appeal Board shall conduct a hearing into the grounds for the Authority’s decision to which the appeal before it relates.
(2) The Chairman and 3 other members shall constitute a quorum at meetings of the Appeal Board.
(3) Only members who have attended all meetings of the Appeal Board held for the purpose of the appeal may take part in the determination of the Appeal Board.
(4) Where the Chairman or a member of the Appeal Board is in any way directly or indirectly interested in an appeal—
(a) in the case of the Chairman, he shall disclose the nature of his interest to the Secretary and the Secretary shall appoint an acting Chairman to hear the appeal;
(b) in the case of a member—
(i) he shall disclose the nature of his interest at a meeting of the Appeal Board;
(ii) the disclosure shall be recorded in the minutes of the Appeal Board; and
(iii) he shall not, without the permission of the Chairman, take any part in any deliberation or determination of the Appeal Board in respect of that appeal.
(5) Where the Chairman does not permit a member of the Appeal Board who has made a disclosure under subsection (4) to take part in the deliberation or determination of the Appeal Board in respect of the appeal, the member shall not be counted for the purpose of forming a quorum at any meeting of the Appeal Board.
(6) If the number of members who may take part in the deliberation and determination of the Appeal Board falls below the number required for a quorum by subsection (2), the Chairman shall dissolve the Appeal Board and appoint another Appeal Board.
(7) For the purpose of subsection (1), the Appeal Board hearing an appeal shall have all the powers of the Authority in respect of the decision of the Authority 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.
(8) The Authority shall do all such things as are necessary to give effect to an order under subsection (7).
(9) The Appeal Board may, in an order under subsection (7), 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 Authority or of the appellant.
(10) Any costs awarded or imposed by virtue of any directions referred to in subsection (9) are recoverable as a civil debt.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

40. 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 on any matter.

41. Summons, etc.
(1) The Appeal Board may, for the purposes of a hearing, by notice in writing under the signature of the Chairman and served on a person, require—
(a) the attendance of the person before the Appeal Board; and
(b) 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.
(2) Any person who, without reasonable excuse, fails to comply with a summons or requirement issued or made under subsection (1) commits an offence and is liable to a fine at level 2.

42. 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 Authority 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.

43. 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 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.

44. Effect of determination
Where the Appeal Board determines an appeal under section 39, the determination shall take effect on the date specified by the Appeal Board in its order under that section.

45. Majority decision
(1) The determination under section 39 by the Appeal Board of an appeal shall be that of the majority of the members of the Appeal Board who may take part in the determination of the appeal, including the Chairman.
(2) Question of law shall be determined by the Chairman.
(3) In the case of an equality of votes, the Chairman shall have a casting as well as a deliberative vote.