### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

23. Determination of matters by the court
(1) A dispute as to any matter which is to be determined by the court under section 20, 21 or 22 may be referred to the court by application of any party to the dispute.
(2) In determining a dispute between the Government and any person as to the terms for Government use of the protected layout-design (topography), the court shall have regard to—
(a) any money which that person or a person from whom he derives title has received or is entitled to receive, directly or indirectly, from the Government in respect of the protected layout-design (topography); and
(b) whether that person or a person from whom he derives title has in the court’s opinion, without reasonable cause, failed to comply with a request of the Government for the use of the protected layout-design (topography) on reasonable terms.
(3) One of 2 or more joint qualified owners of the protected layout-design (topography) may, with the agreement of the others, refer a dispute to the court under this section, but shall not do so unless the others are made parties, and none of those others is liable for any costs unless he takes part in the proceedings.
(4) Where the consent of an exclusive licensee is required by section 21(2)(a)(i), a determination by the court of the amount of any payment to be made for Government use is ineffective unless the licensee has been notified of the reference to the court and given an opportunity to be heard.
(5) On the reference of a dispute under section 21(2)(a)(ii) as to the portion recoverable, the court shall determine what is just having regard to any expenditure incurred by the licensee—
(a) in developing the protected layout-design (topography); or
(b) in making payments to the qualified owner in consideration of the licence (other than royalties or other payments determined by reference to the use of the protected layout-design (topography)).

24. Designation of qualifying countries
(1) In this section qualified owner (合資格擁有人) means a person who is a qualified owner by virtue of relationship to Hong Kong under the definition of qualified person

### Administrative Appeals Board Ordinance 《行政上訴委員會條例》

1. Short title
(1) This Ordinance may be cited as the Administrative Appeals Board Ordinance.
(2) (Omitted as spent—E.R. 1 of 2012)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
appellant (上訴人) means a person who initiates an appeal;
Board (委員會) means the Administrative Appeals Board established under section 5;
Chairman (主席) means—
(a) the person appointed as Chairman of the Board under section 6(1)(a); and
(b) a person presiding at an appeal;

Deputy Chairman (副主席) means a person appointed as Deputy Chairman of the Board under section 6(1)(b);
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 a person whose decision has been appealed against;
Secretary (秘書) means the Secretary to the Board appointed under section 7.

3. Application
This Ordinance applies to—
(a) the Ordinances mentioned in column 2 of the Schedule in relation to any decision of the description mentioned in column 3; and
(b) any other decision in respect of which an appeal lies to the Board.

### Administrative Appeals Board Ordinance 《行政上訴委員會條例》

4. Amendment of Schedule
(1) The Chief Executive in Council may, by order, amend the Schedule. (Amended 59 of 1999 s. 3)
(2) An order made under subsection (1) shall be published in the Gazette.
(3) Without affecting the generality of subsection (1), the power of the Chief Executive in Council to amend the Schedule shall include a power— (Amended 59 of 1999 s. 3)
(a) to delete an Ordinance from the Schedule;
(b) to add an Ordinance to the Schedule;
(c) to amend an Ordinance mentioned in the Schedule;
(d) to amend an Ordinance at the same time that it is added to the Schedule;
(e) in the case of any amendment of the description mentioned in paragraph (c) or (d), to amend that Ordinance so as to, and only so as to—
(i) substitute the Board for any person to whom an appeal may be made under or by virtue of that Ordinance;
(ii) provide that any person bound by a decision shall be furnished with a statement in writing which sets out—
(A) the reasons for the decision;
(B) the policy, if any, relied upon by the person who made the decision when the decision was made;
(iii) prescribe or, not prescribe a period within which an appeal may be made;
(iv) provide that a decision that is appealed against shall be suspended in its operation as from the day on which notice of the appeal is lodged with the Secretary under this Ordinance until such appeal is disposed of, withdrawn or abandoned unless the advice or notice of the decision given to any person bound by the decision is accompanied by a statement in writing to the effect that, in the opinion of the person who made the decision, such suspension would be contrary to the public interest;
(f) for the purposes of section 22(5), to add a note to the Schedule or to amend or repeal any note mentioned in it.
(4) An order under this section may contain such incidental, consequential, supplemental and transitional provisions as may be necessary or expedient for the purpose of giving effect to the order.

5. Administrative Appeals Board
(1) There shall be a board called the Administrative Appeals Board.
(2) The functions of the Board are to hear and determine any appeal duly made to the Board.
(3) For the purpose of hearing any appeal the members of the Board shall comprise—
(a) the Chairman or a Deputy Chairman who shall preside; and
(b) 2 of the persons from the panel referred to in section 6(2) as the Secretary may appoint for that purpose.

### Administrative Appeals Board Ordinance 《行政上訴委員會條例》

6. Chairman, Deputy Chairman and members
(1) The Chief Executive shall appoint from among persons who are qualified for appointment as District Judges under section 5 of the District Court Ordinance (Cap. 336)—
(a) a Chairman of the Board; and
(b) 1, or more than 1, Deputy Chairman of the Board.
(2) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment as members of the Board.
(3) Subject to subsection (5), a person appointed as Chairman or Deputy Chairman or to the panel of persons, shall be appointed for a term of 3 years but may be reappointed.
(4) An appointment under this section shall be notified in the Gazette.
(5) Any person appointed under this section may resign by notice in writing to the Chief Executive.
(6) The remuneration, if any, of the Chairman, any Deputy Chairman and members of the Board shall be determined by the Chief Executive.
(Amended 59 of 1999 s. 3)

7. Secretary
(1) There shall be a Secretary to the Board who shall be appointed by the Chief Executive. (Amended 59 of 1999 s. 3)
(2) The Chairman may give to the Secretary such directions as he thinks fit with respect to the exercise of the Secretary’s functions under this Ordinance, either generally or in any particular case; and the Secretary shall comply with any direction so given.