### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

1. Short title
This Ordinance may be cited as the Municipal Services Appeals Board Ordinance.
(Amended 78 of 1999 s. 7)

### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires— (Amended 78 of 1999 s. 7)
administrative decision (行政決定) means a decision from which an appeal lies to the Board, but does not include an appeal board decision; (Added 78 of 1999 s. 7)
appeal board decision (上訴委員會決定) means a decision of the Licensing Appeals Board; (Added 78 of 1999 s. 7)
appellant (上訴人) means a person who initiates an appeal;
Board (委員會) means the board established under section 3; (Replaced 78 of 1999 s. 7)
Chairman (主席) means the Chairman of the Board appointed under section 6(1)(a); (Amended 78 of 1999 s. 7)
first decision (原來決定) means a decision which was the subject matter of an appeal to the Licensing Appeals Board; (Added 78 of 1999 s. 7)
legal officer (律政人員) means an officer lawfully performing the functions of any of the officers designated in Schedule 1 to the Legal Officers Ordinance (Cap. 87); (Amended 42 of 2000 s. 29)
Licensing Appeals Board (牌照上訴委員會) means the board by that name established by section 125A of the Public Health and Municipal Services Ordinance (Cap. 132); (Added 78 of 1999 s. 7)
parties to the appeal (上訴當事人) means the appellant, the respondent and any other person who is bound by the decision appealed against;
respondent (答辯人) means, in relation to an appeal against—
(a) an administrative decision, the person whose decision is being appealed against; and
(b) an appeal board decision, the person who made the first decision; (Replaced 78 of 1999 s. 7)

Secretary (秘書) means the Secretary to the Board, appointed under section 6(1)(b); (Amended 78 of 1999 s. 7)
Vice-chairman (副主席) means a Vice-chairman of the Board, appointed under section 6(2). (Amended 78 of 1999 s. 7)
(Amended 78 of 1999 s. 7)(2) For the purposes of this Ordinance an administrative decision includes any act or omission. (Added 78 of 1999 s. 7)

### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

3. Establishment, functions and constitution of Municipal Services Appeals Board
(1) There is established a board to be known as the “Municipal Services Appeals Board”. (Amended E.R. 3 of 2021)
(2) The function of the Board is to hear and determine any appeal to the Board from an appeal board decision or an administrative decision from which an appeal lies to the Board under any Ordinance.
(3) For the purposes of any appeal made to it, the Board is to be constituted as follows—
(a) the Chairman or a Vice-chairman; and
(b) 2 members of the panel appointed under section 6(1)(c), nominated by the Secretary under subsection (4).
(4) Subject to any regulations made under section 20 and to any directions given by the Chairman, the Secretary must nominate 2 members for the purposes of subsection (3)(b).
(5) The Chairman or Vice-chairman, as the case may be, is to preside at the hearings before the Board.
(Replaced 78 of 1999 s. 7)

5. Persons excluded from membership
(1) For the purposes of an appeal, the Board shall not include a person who, or a member of a body which, was involved in making the relevant administrative decision or the appeal board decision or a decision confirmed, varied, suspended or cancelled by the appeal board decision.
(2) Subsection (1) does not apply if the person or other body was involved in making the administrative decision, the appeal board decision or other decision only to the extent of delegating the power to make the administrative decision, the appeal board decision or other decision.
(Replaced 78 of 1999 s. 7)

### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

6. Chairman, Vice-chairman, Secretary and panel members
(1) The Chief Executive shall appoint—
(a) a legally qualified person to be the Chairman of the Board;
(b) a Secretary to the Board;
(c) a panel of persons who are not public officers and whom he considers suitable for nomination as members of the Board under section 3(3)(b). (Replaced 78 of 1999 s. 7)
(2) The Chief Executive may appoint one or more persons who are legally qualified as Vice-chairmen of the Board. (Replaced 78 of 1999 s. 7)
(3) All appointments under this section shall be notified in the Gazette and, except in the case of the Secretary, shall be for a term of 3 years.
(4) Any person appointed under this section may be re-appointed, and may resign by notice in writing to the Chief Executive.
(5) Where a person ceases to be Chairman, Vice-chairman or a member of a panel appointed under subsection (1)(c), and at the time of that event the person is involved in the hearing of an appeal to the Board, that person may continue to hear and determine that appeal. (Amended 78 of 1999 s. 7)
(6) In this section, legally qualified (具有法律專業資格) means qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336).
(Amended 59 of 1999 s. 3)