### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》

17D. Hearing of appeal by appeal board
(1) Within 21 days after receiving a notice of appeal given under section 17C, the Convenor must form an appeal board to hear the appeal.
(2) An appeal board is to consist of the following 3 members appointed by the Convenor—
(a) a chairperson appointed from the panel members referred to in section 17B(2)(a) (who may be the Convenor); and
(b) 2 other members appointed from the panel members referred to in section 17B(2)(b).
(3) The quorum for a meeting of an appeal board is all members of the board.
(4) In hearing an appeal, an appeal board may give the Authority any directions about the Authority’s performance of a function of the Authority under this Ordinance that is relevant to the appeal.
(5) The Authority must comply with a direction given under subsection (4).
(6) A question before an appeal board, except a question of law, is to be determined—
(a) by a majority of all members of the board who are voting; or
(b) if there is an equality of votes—by a casting vote of the chairperson.
(7) A question of law before an appeal board is to be determined by the chairperson.
(8) In hearing an appeal, an appeal board may—
(a) receive evidence on oath;
(b) admit or take into account any statement, document, information or matter whether or not it would be admissible in evidence in a court of law;
(c) by written notice, summon any person to appear before it as a witness to produce any document relating to the appeal or to give evidence;
(d) confirm, vary or reverse the decision appealed against or substitute the board’s decision for that decision;
(e) make an award of a sum that is just and equitable in the circumstances of the case in respect of any costs involved in the appeal; and
(f) make any other order the board considers appropriate.
(9) An appeal board has the powers that are vested in the Court of First Instance in the exercise of its powers under subsection (8).
(10) A member of an appeal board has, in the performance of the member’s function under this Ordinance, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that Court.
(11) A witness before an appeal board has the same privileges and immunities as if the witness were a witness in civil proceedings in the Court of First Instance.

### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》

17E. Disclosure of interest of member of appeal board
(1) If a member of an appeal board has a disclosable interest in any matter under consideration by the board—
(a) the member must, as soon as reasonably practicable after noticing the interest in that matter, disclose to the board the fact that the member has a disclosable interest in a matter and the nature of the interest; and
(b) the member ceases to be a member of the board when the disclosure is made.
(2) In this section—
disclosable interest (應予披露的利害關係) means—(a) a pecuniary interest (whether direct or indirect); or
(b) a personal interest greater than that which a person has as a member of the public.

17F. Sum awarded in respect of appeal
(1) A sum awarded under section 17D(8)(e) (costs sum

17G. Inquiry of contempt
(1) The chairperson of an appeal board may certify, in writing to the Court of First Instance, any of the following conduct of a person as an alleged contempt—
(a) if duly summoned as a witness before the board, failing to attend as a witness;
(b) if in attendance as a witness, refusing to—
(i) take an oath that is legally required by the board to be taken;
(ii) produce a document in the person’s power or control that is legally required by the board to be produced; or
(iii) answer a question to which the board may legally require an answer;
(c) doing any other thing that would, if the board had been a court of law having power to commit for contempt, have been contempt of that court.
(2) The Court of First Instance may then inquire into the alleged contempt and, after hearing—
(a) any witnesses produced against or on behalf of the person charged with the contempt; and
(b) any statement offered in defence,
may punish or take steps for the punishment of that person in the same way as if that person had been guilty of contempt of the court.

17H. Convenor may determine procedure of appeal boards
The Convenor may, subject to this Ordinance, determine the procedure in relation to appeal boards, including determining the procedure in relation to a particular appeal board.

### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》

17I. Acting Convenor, vacancy in appeal board, etc.
(1) If the Convenor is precluded by illness, absence from Hong Kong or any other cause from performing the Convenor’s functions, the Chief Executive may appoint any other panel member referred to in section 17B(2)(a) to act as the Convenor and to perform the functions of the Convenor during the period of the appointment.
(2) If a vacancy occurs in an appeal board before the appeal hearing begins, the Convenor must, as soon as reasonably practicable, appoint a panel member as a member of the board to fill the vacancy so that the board is composed in accordance with section 17D(2).
(3) If a vacancy occurs in an appeal board after the appeal hearing has begun—
(a) the board is dissolved when the vacancy occurs; and
(b) the Convenor must form an appeal board under section 17D(1) as if the Convenor had received, on the date on which the vacancy occurred, the notice of appeal given under section 17C in relation to the subject matter of the appeal.
(4) In this section—
vacancy (空缺) includes the case where a member of an appeal board—(a) ceases to be a panel member;
(b) ceases to be a member of the board under section 17E(1)(b); or
(c) is precluded by illness, absence from Hong Kong or any other cause from performing the member’s functions in relation to the board.

17J. Case may be stated for Court of Appeal
(1) Before determining an appeal, an appeal board may refer any question of law arising in the appeal to the Court of Appeal for determination by way of case stated.
(2) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the appeal board for amendment.