### Gas Safety Ordinance 《氣體安全條例》

19. Determination of appeal
(1) The appeal board shall conduct a hearing into the grounds for the Authority’s decision or action 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 Authority in respect of the decision or action of the Authority against which the appeal is made, and shall determine the appeal by an order in writing—
(a) confirming or disallowing;
(b) varying in such manner as it thinks fit; or
(c) substituting its own decision for,
such decision or action.
(5) The Authority shall do all such things as are necessary to give effect to an order.

20. 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 shall not be bound by the rules relating to admission of evidence in courts of law.
(3) A counsel, solicitor or legal officer may be present at any hearing to advise the chairman of the appeal board on any legal matter.

21. Summons
The appeal board may, in relation to a hearing, by notice served on a person, require—
(a) the attendance of the person before the appeal board; or
(b) the production to the appeal board of records or documents specified in the notice which are in the possession or control of that person.

22. 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.

### Gas Safety Ordinance 《氣體安全條例》

23. 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.
(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.

24. Effect of determination
Where the appeal board determines an appeal under section 19, the determination shall take effect on the date specified by the appeal board in its order.

25. Majority decision
The determination under section 19 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.

26. Notification to appellant
The Authority shall, as soon as practicable after an order has been made in respect of an appeal, serve a copy of that order on the person who made the appeal.

### Gas Safety Ordinance 《氣體安全條例》

28. Prosecution of offences
(1) Subject to this section, proceedings for offences against this Ordinance may be instituted in the name of the Authority, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance (Cap. 227).
(2) Nothing in this section shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of offences. (Amended L.N. 362 of 1997)

29. Onus of proving limits of what is practicable, etc.
In any proceedings for an offence against this Ordinance consisting of a failure to comply with a requirement under this Ordinance to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, the onus is on the accused to prove that it was not practicable or not reasonably practicable to do more than was in fact done to comply with the requirement, or that he has used the best practicable means to comply with the requirement, or done the appropriate thing to comply with the requirement.

30. Liability of registered person for offences committed by his employees and agents
(1) Subject to this section, where it is proved to the satisfaction of a magistrate or court that an offence against this Ordinance has been committed by any employee or agent of any registered person, the registered person shall, unless—
(a) the offence was committed without his knowledge or consent; and
(b) he had exercised all due diligence to prevent the commission of the offence,
also be held to be liable for such offence and to the penalty provided therefor.
(2) In any proceedings against a registered person in relation to which subsection (1) is alleged to apply, it shall, in relation to the offence against this Ordinance concerned committed by the employee or agent concerned of the registered person, be presumed, in the absence of evidence to the contrary, that—
(a) the offence was committed with the knowledge and consent of that registered person; and
(b) the registered person did not exercise all due diligence to prevent the commission of the offence.
(3) No registered person shall be sentenced to imprisonment (except in default of payment of a fine) by virtue of the application of subsection (1) to him.
(4) Nothing in this section shall be deemed to exempt any employee or agent of a registered person from the penalties provided for an offence committed by such employee or agent.