### Construction Workers Registration Ordinance 《建造業工人註冊條例》

55. Proceedings before Appeal Board
(1) The parties to an appeal are—
(a) the appellant; and
(b) in the case of—
(i) an appeal against a decision of the Council, the Council; (Amended 17 of 2012 s. 34)
(ii) an appeal against a decision of the Registrar, the Registrar.
(2) The chairperson of an Appeal Board shall— (Amended 17 of 2012 s. 34)
(a) appoint the time and place of the hearing of the appeal; and
(b) notify the parties to the appeal of the time and place.
(3) A party to an appeal may be present at the hearing of the appeal and may—
(a) make representation in person; or
(b) be represented by counsel or a solicitor or any other person authorized by the party in writing.
(4) The hearing of an appeal shall be held in public unless the Appeal Board, on its own motion or on the application of a party to the appeal, orders that all or part of the hearing shall be held in camera.
(5) An Appeal Board shall not make an order under subsection (4) unless the Appeal Board—
(a) has consulted the parties to the appeal; and
(b) is satisfied that the order is necessary in the interests of justice.
(6) The decision of an Appeal Board on an appeal shall be that of the majority of the members hearing the appeal, and if there is an equality of votes, the chairperson of the Appeal Board shall have a casting vote in addition to his or her original vote. (Amended 17 of 2012 s. 34)
(7) The decision of an Appeal Board on an appeal shall be binding on the parties to the appeal and shall be final.
(8) Subject to subsection (9), an Appeal Board shall notify in writing the parties to the appeal of its decision and the reasons for the decision.
(9) If the appeal is made under section 52(3), the Appeal Board shall, within 14 business days after the date of its appointment by the Secretary, notify in writing the parties to the appeal of its decision and the reasons for the decision.
(10) If, during the hearing of an appeal by an Appeal Board, the term of appointment of a member of the Appeal Board panel who has been selected to be a member of the Appeal Board expires, the member may continue to hear the appeal until the appeal is determined, as if the term of appointment had not expired. (Added 17 of 2012 s. 34)

### Construction Workers Registration Ordinance 《建造業工人註冊條例》

56. Legal adviser
(1) The Secretary may appoint a legal practitioner to advise an Appeal Board on any points of law and procedure that arise before, during or after a hearing of an appeal.
(2) A legal practitioner appointed under subsection (1) shall be remunerated for his services out of the funds of the Council at a rate determined by the Secretary. (Amended 17 of 2012 s. 43)
(3) In this section, legal practitioner (法律執業者) means counsel, or a solicitor, who holds a current practising certificate.

57. Powers of Appeal Board
(1) An Appeal Board may, by notice under the signature of its chairperson— (Amended 17 of 2012 s. 35)
(a) summon any person to attend the hearing to give evidence or produce any document or other thing in his possession; and
(b) authorize a person to inspect the construction work, if any, to which the appeal relates.
(2) An Appeal Board may—
(a) examine a person summoned under subsection (1)(a) as a witness or require him to produce any document or other thing in his possession;
(b) hear and consider representations made by or on behalf of the parties to the appeal; and
(c) hear, receive and examine evidence on oath.
(3) An Appeal Board may—
(a) in an appeal against a decision of the Council— (Amended 17 of 2012 s. 35)
(i) confirm or revoke the decision; or
(ii) make any decision that the Council could have made; (Amended 17 of 2012 s. 35)
(b) in an appeal against a decision of the Registrar—
(i) confirm or revoke the decision; or
(ii) make any decision that the Registrar could have made.
(4) An Appeal Board may make any order as it thinks fit with regard to the payment of the costs of the parties to an appeal in the appeal.
(5) Costs awarded or imposed under this section are recoverable as a civil debt.

### Construction Workers Registration Ordinance 《建造業工人註冊條例》

59. Offences of making false or misleading statements, of failure to attend as witness and of obstructing authorized officers, etc.
(1) A person who, without reasonable excuse, makes any statement or furnishes any information, which is false or misleading in a material particular, in connection with—
(a) a requirement made to the person under section 18(1)(d)(i) or (e)(i)(A) or 18A(1); 
(b) an application for registration, extension of registration or renewal of registration; 
(c) a request for review under Part 7;
(d) an appeal under Part 7; 
(e) an application under section 58(2); or 
(f) a copy of a record furnished by the person under section 58(7)(b), (Added 22 of 2014 s. 32)
commits an offence and is liable on conviction to a fine at level 3.
(2) If a person who—
(a) having been summoned by an Appeal Board to attend a hearing, without reasonable excuse, refuses or fails to do so;
(b) attends a hearing before an Appeal Board as a witness and, without reasonable excuse, refuses or fails to answer any question put to him by the Board; or
(c) having been required to produce any document or other thing in his possession, without reasonable excuse, refuses or fails to do so,
commits an offence and is liable on conviction to a fine at level 3.
(3) A person who—
(a) without reasonable excuse, resists, obstructs or delays an authorized officer who is performing or exercising, or attempting to perform or exercise, a function or power under this Ordinance;
(b) without reasonable excuse, fails to comply with a requirement made to the person under section 18(1)(d)(i) or (e)(i) or 18A(1);
(c) without reasonable excuse, prevents, or attempts to prevent, another person from assisting an authorized officer in the performance or exercise of the officer’s functions or powers under this Ordinance; or
(d) directly or indirectly, intimidates or threatens—
(i) an authorized officer in the performance or exercise of the officer’s functions or powers under this Ordinance; or
(ii) a person assisting such an officer in the performance or exercise of those functions or powers,
commits an offence and is liable on conviction to a fine at level 3.
(Amended 22 of 2014 s. 32)

### Construction Workers Registration Ordinance 《建造業工人註冊條例》

60. Prosecution may be brought in Council’s name
(Amended 17 of 2012 s. 43)Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, a prosecution for an offence under this Ordinance may be—
(a) brought in the name of the Council; and
(b) commenced and conducted by a member or employee of the Council authorized in that behalf in writing by the Council.
(Amended 17 of 2012 s. 43)