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

17. Hearings to be in public except in special circumstances
(1) Subject to subsections (2) and (3), the hearing of an appeal to the Board shall be in public.
(2) Where the Board hearing an appeal, after consulting the parties to the appeal, is satisfied that it is desirable to do so, it may by order—
(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; and
(b) give directions prohibiting or restricting the publication or disclosure to some or all of the parties to the appeal, or to some or all of the persons who may be present, of evidence given before the Board or of any matter contained in any document lodged with the Board or received in evidence by the Board, whether or not it has given directions under section 14 in respect of any such evidence, matter or document.
(3) In the making of an order under subsection (2), the Board, without affecting the generality of that subsection, shall in determining whether or not it is desirable to make an order, take into account any views of the parties to the appeal, including the private interests of and any claim as to privilege by any of those parties.
(4) For the purposes of this section, any question in relation to a claim by any party as to privilege shall be a question of law.

18. Appearance before Board
The parties to an appeal may appear and be present at the hearing of the appeal and may make representations or be represented either by a barrister or a solicitor or, with the approval of the Secretary, by any other person authorized by any of the parties in writing. The respondent may be represented by a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87).

19. Abandonment of appeal
(1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Secretary.
(2) When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on the other parties to the appeal.

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

20. Failure of appellant to attend hearing
(1) If on the day and time fixed for the hearing of the appeal the appellant fails to attend the hearing or fails to make representations either in person or by counsel or a solicitor or by some other person, the Board may—
(a) if satisfied that the appellant’s failure to attend was due to sickness or any other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) by order dismiss the appeal.
(2) Where the appeal is dismissed by the Board under subsection (1)(c) the appellant may, within 28 days after the making of the order for dismissal, by notice in writing lodged with the Secretary, apply to the Board to review the order and the Board may, if satisfied that the appellant’s failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal.
(3) When lodging a notice under subsection (2), the appellant shall at the same time serve a copy of such notice on the other parties to the appeal.

20A. Language
(1) The hearing of an appeal to the Board may be conducted in the English or Chinese language or both as the Board thinks fit.
(2) Notwithstanding subsection (1)—
(a) any party to an appeal or any person authorized by any party under section 18 to appear before the Board may address the Board in any language;
(b) any witness testifying before the Board may testify in any language.
(Added 51 of 1995 s. 16)

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

21. Conduct of proceedings
(1) For the purposes of an appeal, the Board may—
(a) subject to this Ordinance and to rules made by the Chairman under section 30 determine its own procedure;
(b) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, whether or not such material would be admissible in evidence in civil or criminal proceedings;
(c) by notice in writing signed by the Secretary, require any person to attend before it at any hearing and to give evidence and produce documents;
(d) administer oaths and affirmations;
(e) examine on oath, affirmation or otherwise any person attending before it and require such person to answer all questions put by or with the consent of the Board;
(f) determine the manner in which the material referred to in paragraph (b) shall be received;
(g) with the consent of the parties to the appeal, determine the appeal without an oral hearing on the basis of written submissions only;
(h) if it appears to the Board that the respondent has reversed the decision appealed against, determine the appeal summarily in favour of the appellant without a hearing and without calling on anyone to attend or to appear before it;
(i) adjourn the determination of any appeal as it may deem fit;
(j) subject to subsection (2), confirm, vary or reverse the decision that is appealed against or substitute therefor such other decision or make such other order as it may think fit;
(k) subject to section 22, make an award to any of the parties to the appeal of such sum, if any, in respect of the costs of and relating to the appeal;
(l) pay an allowance for the expenses of any witness summoned under this Ordinance;
(m) do all things—
(i) ancillary to the powers conferred by this section; or
(ii) reasonably necessary for the discharge of its functions under this Ordinance.
(2) The Board, in the exercise of its powers under subsection (1)(j), shall have regard to any statement of policy lodged by the respondent with the Secretary under section 11(2)(a)(ii), if it is satisfied that, at the time of the making of the decision being the subject of the appeal, the appellant was or could reasonably have been expected to be aware of the policy.
(3) The Board, on the determination of any appeal, may order that the case being the subject of the appeal as so determined be sent back to the respondent for the consideration by the respondent of such matter as the Board may order.