### Bedspace Apartments Ordinance 《床位寓所條例》

26. Appeals against decisions of the Authority
(1) Any person aggrieved by any decision of the Authority relating to—
(a) the refusal of an application for a certificate of exemption under section 8(2)(b) or for a licence under section 12(2)(b), or for renewal of a certificate of exemption under section 9(3)(b) or of a licence under section 13(3)(b);
(b) the imposition of conditions under section 8(2)(a) or 12(2)(a) upon the issue of a certificate of exemption or a licence, or the imposition of conditions under section 9(3)(a) or 13(3)(a) upon the renewal of a certificate of exemption or a licence;
(c) the variation under section 8(4) or 14 of conditions imposed by the Authority;
(d) the revocation of a certificate of exemption under section 10 or of a licence under section 15; or
(e) a direction given in a notice served by the Authority under section 21(1),
may appeal to the Appeal Board.
(2) Any decision of the Authority under section 8(4), 9(3)(b), 10, 13(3)(b), 14 or 15 that is appealed against shall be suspended in its operation as from the day on which the appeal is made until such appeal is determined or withdrawn unless such suspension would, in the opinion of the Authority, pose an imminent danger to life or property and the notice of the decision contains a statement to that effect.
(3) Any person who wishes to appeal under this section shall, within 28 days after receiving notice of the Authority’s decision to which the appeal relates, lodge a notice of appeal in the prescribed form and manner.

### Bedspace Apartments Ordinance 《床位寓所條例》

27. Constitution of Appeal Board
(1) Every appeal under section 26 shall be determined by the Appeal Board constituted under this section.
(2) The Appeal Board shall consist of the Chairman appointed under subsection (4) and such number of persons, being not less than 2, from the panel referred to in subsection (6) as the Chairman may, subject to subsection (3), appoint to be members of the Appeal Board to hear any appeal.
(3) The Appeal Board shall not at any time consist of a majority of persons who are public officers, and any public officer appointed under this section to be a member of the Appeal Board shall in exercising his functions as such member—
(a) act in his personal capacity only; and
(b) not be subject to any direction to which he might otherwise be subject in his capacity as a public officer.
(4) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336). (Amended 34 of 1999 s. 3)
(5) Subject to subsection (8), the Chairman shall hold office for a term of 2 years but may be reappointed.
(6) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under this section as members of the Appeal Board and, subject to subsection (8), such persons shall hold office for such period as the Chief Executive may determine. (Amended 34 of 1999 s. 3)
(7) Notice of an appointment under subsection (4) or (6) shall be published in the Gazette.
(8) The Chairman and any person appointed under subsection (6) may at any time resign by notice in writing to the Chief Executive. (Amended 34 of 1999 s. 3)
(9) If the Chairman is precluded by illness, incapacity, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) to act as Chairman and as such to exercise all the functions of the Chairman during the period of his appointment. (Amended 34 of 1999 s. 3)
(10) If a person appointed by the Chairman under subsection (2) to hear an appeal is precluded by illness, incapacity, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in subsection (6) to act in his place.
(11) The hearing of an appeal may be continued notwithstanding a change in the membership of the Appeal Board.

### Bedspace Apartments Ordinance 《床位寓所條例》

29. Case may be stated for Court of Appeal
(1) The Appeal Board may at any time before an appeal is determined refer, by way of case stated, any question of law arising in the appeal to the Court of Appeal for its opinion thereon.
(2) A case stated under this section shall be signed by the Chairman.
(3) Where a case is stated under this section, the Appeal Board shall not determine the relevant appeal until the Court of Appeal has given its opinion on the case.
(4) On the hearing of the case the Court of Appeal may amend the case or require the Appeal Board to amend the case in such manner as may be specified by the Court of Appeal.
(5) Where the Court of Appeal gives its opinion on a case stated under this section, it shall cause a copy of the case, together with a copy of its opinion thereon, to be sent to the Chairman who shall as soon as practicable reconvene the Appeal Board to determine the relevant appeal having regard to the opinion of the Court of Appeal.

### Bedspace Apartments Ordinance 《床位寓所條例》

31. Termination of tenancies
Where any condition imposed by the Authority for the issue or renewal of a certificate of exemption or a licence, or any particular direction given by the Authority under section 19(1), requires the cessation of use of such one or more of the bedspaces in a bedspace apartment as may be specified in writing by the Authority, the provisions of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) which prohibit or otherwise restrict the termination of tenancies (except those provisions governing termination by tenants) shall, upon such specification by the Authority, cease to apply to the tenancy or tenancies (if any) then subsisting in respect of the bedspace or bedspaces so specified.

32. Service of notices and orders
(1) Unless otherwise specifically provided, any notice or order required to be served or given by the Authority under this Ordinance may be served on the person to whom such notice or order is addressed by serving a copy—
(a) personally on such person; or
(b) by registered post addressed to such person at his address last known to the Authority; or
(c) by posting the same in a conspicuous place upon or in the premises used as the bedspace apartment to which the notice or order relates.
(2) Notwithstanding subsection (1) where it is impossible or impracticable to serve any notice or order by any of the means prescribed in subsection (1), the publication in the Gazette of such notice or order together with the available particulars of the person to whom it is addressed shall be deemed to be good service.