Housing (Tenancy Appeals) Rules
(Enacting provision omitted—E.R. 6 of 2021)
[1 July 1995]
(Format changes—E.R. 6 of 2021)
(Omitted as spent—E.R. 6 of 2021)
In these Rules, unless the context otherwise requires—
appellant (上訴人) means a person who has given notice of appeal under section 3; chairman (主席) means, in relation to a tribunal, the person appointed as the chairman of that tribunal under section 7A(6) of the Ordinance; secretary (秘書) means any person, who is for the time being the secretary to the panel appointed under section 7A(1) of the Ordinance; tribunal (審裁小組) means a tribunal appointed under section 7A(6) of the Ordinance.A person may appeal under section 20 of the Ordinance by giving notice of appeal to the secretary.
Upon receipt of a notice of appeal, the secretary shall—
furnish a copy thereof to the Authority;
fix a date, time and place for hearing the appeal; and
not less than 14 days before the date so fixed, give notice to the Authority and the appellant in writing of such date, time and place.
Upon receipt of—
a copy of the notice of appeal, the Authority shall prepare a written summary of facts relating to the matter under appeal and furnish it to the secretary; and
the summary of facts referred to in paragraph (a), the secretary shall, not less than 14 days before the date fixed for the hearing of the appeal, furnish a copy of it to the appellant.
An appellant may abandon all or any of his grounds of appeal before or during the hearing of an appeal.
Where an appellant decides to abandon any ground of appeal before the hearing of the appeal, he shall give notice thereof in writing to the secretary.
If an appellant does not appear or is not represented at a hearing of the appeal, the tribunal may, if satisfied that notice under section 3(2)(c) has been given to him—
proceed to hear the appeal in the absence of the appellant; or
adjourn the hearing.
The appellant may be represented at a hearing of an appeal by—
a counsel or solicitor; or
any other person authorized by him in writing.
The Authority may be represented at a hearing by a counsel, solicitor, person authorized by the Authority in writing or legal officer.
An appellant shall give notice to the secretary in writing, not less than 7 working days before the date of the hearing, as to whether he is appearing in person or will be represented at the hearing and if he is to be represented, the name of the person representing him and whether he is a counsel, solicitor or a person authorized in writing by the appellant.
Subject to subsection (2), the hearing of an appeal shall be in public.
Where, after consulting the parties to the appeal, a tribunal hearing an appeal is satisfied that it is desirable to hold the hearing or any part of it in private, it may direct that the hearing or part of it, as may be appropriate, shall take place in private and give directions as to the persons who may be present.
The chairman may require any person who wilfully disrupts or obstructs the proceedings of the tribunal or otherwise misbehaves during a hearing to leave and may, if he does not comply with the requirement, order his removal.
Subject to subsection (2), every question or matter for decision or determination by the tribunal shall be determined by a majority of the votes of those hearing the appeal.
In the event of any equality of votes, the chairman shall have a casting vote.
The secretary shall inform the parties by notice in writing of the determination of the tribunal as soon as practicable after such determination.
Where, under these Rules, it is required that—
notice is to be given to a person of any matter; or
a document is to be furnished to any person,
notice may be given or the document may be furnished—
in the case the person is the appellant, by—
serving it on him personally;
sending it by registered post addressed to his last known place of residence; or
leaving it with an adult occupier of the premises to which the appeal relates or posting it on a conspicuous part of those premises; and
in the case the person is the Authority or the secretary, by—
serving it on it or him personally; or
sending it by registered post addressed to it or him.