Cap. 435A 《遊戲機中心(上訴委員會)規例》Amusement Game Centres (Appeal Board) Regulation

生效中

版本日期: 2022-07-01

Cap. 435

Cap. 435B

Amusement Game Centres (Appeal Board) Regulation

(Cap. 435, section 18)

(Enacting provision omitted—E.R. 2 of 2012)

[2 December 1993] L.N. 455 of 1993

(Format changes—E.R. 2 of 2012)

1.

(Omitted as spent—E.R. 2 of 2012)

2. Interpretation

In this Regulation—

appellant (上訴人) means a person who lodges a notice of appeal under section 11 of the Ordinance.

3. Notice of appeal

Notice of appeal under section 11 of the Ordinance shall be—

(a)

in Form 1 in the Schedule; and

(b)

lodged by the appellant with the Chairman.

4. Appellant to serve copy of notice of appeal and statement of particulars

When lodging a notice of appeal under section 11 of the Ordinance with the Chairman, the appellant shall at the same time serve a copy of such notice on the appointed public officer and shall furnish to the appointed public officer and to the Chairman a statement specifying the grounds of the appeal and including such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to ensure that the Appeal Board and the appointed public officer are fully and fairly informed of the grounds of the appeal.

(17 of 2011 s. 28)

5. Further particulars

If any party to any appeal requires further particulars from the other party relating to the appeal, he may within 14 days after the service on the appointed public officer of a copy of the notice of appeal under section 4 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on the other party specifying the further particulars required, and the other party shall within 14 days after notice is served under this section or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars to the other party and lodge a copy of such particulars with the Chairman.

(17 of 2011 s. 28)

6. Inspection of documents

(1)

Any party to any appeal may at any time serve notice on the other party to produce, within 14 days after the notice is served, any document relating to the appeal as shall be specified in the notice for the inspection of the party serving the notice and to permit him to take copies of any such document.

(2)

Any party who fails to comply with a notice under subsection (1) shall not afterwards be allowed to put any such document in evidence unless he satisfies the Chairman that he had a reason for his failure to comply which the Chairman deems sufficient.

7. Date, time and place of hearing

Where notice of appeal is lodged, the Chairman shall fix the date, time and place of the hearing of appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date so fixed, serve on the appellant and on the appointed public officer notice of the date, time and place in Form 2 in the Schedule.

(17 of 2011 s. 28)

8. Summons to witness

Upon application by any party to any appeal in Form 3 in the Schedule, the Chairman may issue a witness summons in Form 4 in the Schedule to any person named in the application requiring him to appear before the Appeal Board to produce any document relating to the appeal and to give evidence.

9. Appeal to be conducted in public

The hearing of the appeal shall be conducted in public unless the Chairman of his own motion, or at the request of the appellant or the appointed public officer, orders that all or any persons should be excluded from the whole or any part of the hearing.

(17 of 2011 s. 28)

10. Representation

For the purposes of any appeal—

(a)

the appellant may be represented by a barrister or solicitor; and

(b)

the appointed public officer may be represented by a barrister or a solicitor or a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87). (17 of 2011 s. 28)

11. Abandonment of appeal

(1)

The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman.

(2)

When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on the appointed public officer. (17 of 2011 s. 28)

12. 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 either in person or by a barrister or solicitor, the Appeal Board may—

(a)

if satisfied that the appellant’s failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;

(b)

proceed to hear the appeal; or

(c)

dismiss the appeal.

(2)

Where the appeal is dismissed by the Appeal Board under subsection (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Appeal Board to review its order and the Appeal 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 appointed public officer. (17 of 2011 s. 28)

(4)

Where the Appeal Board sets aside an order for dismissal under subsection (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date so fixed, serve on the appellant and on the appointed public officer notice of the date, time and place in Form 2 in the Schedule. (17 of 2011 s. 28)

13. Failure of appellant to serve notice of appeal on the appointed public officer or to furnish particulars

(17 of 2011 s. 28)

Where an Appeal Board is satisfied that the appellant has failed—

(a)

to serve a copy of the notice of appeal on the appointed public officer under section 4;

(b)

to furnish a statement of particulars to the appointed public officer and the Chairman under section 4; or

(c)

to furnish further particulars to the appointed public officer under section 5,

the Appeal Board may dismiss the appeal.

(17 of 2011 s. 28)

14. Record of proceedings

The Chairman shall take or cause to be taken in writing a full record, so far as circumstances permit, of the following matters in respect of every appeal heard by the Appeal Board—

(a)

the name of the appellant;

(b)

the grounds of the appeal;

(c)

the name of any person who appears as a witness for the appellant;

(d)

the name of any person who appears as a witness for the appointed public officer; (17 of 2011 s. 28)

(e)

the name of any person summoned as a witness before the Appeal Board;

(f)

the evidence of any person who gives evidence;

(g)

the decision of the Appeal Board;

(h)

the amount of any sum awarded under section 13 of the Ordinance to the appointed public officer or to the appellant in respect of the costs involved in the appeal. (17 of 2011 s. 28)

15. Service of notices by Chairman, appointed public officer or appellant

(17 of 2011 s. 28)

Any notice required to be served under this Regulation—

(a)

by the Chairman on the appellant or the appointed public officer;

(b)

by the appointed public officer on the appellant; or

(c)

by the appellant on the appointed public officer,

may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or of the appointed public officer, as the case may be.

(17 of 2011 s. 28)

Schedule — Forms

[ss. 3, 7, 8 & 12]

Form 1

[s. 3]

Amusement Game Centres Ordinance(Cap. 435)Notice of Appeal under Section 11

Before completing this form read the note below.

To: Chairman of the Appeal Board

1.	Full name of Appellant:

2.	Address of Appellant:
		Telephone No.:

3.	Address of Appellant or name and address of duly authorized representative for service if different from the above:



4.	Details of decision appealed against: (Attach copy of decision and indicate the particular aspect being the subject of the appeal)






Dated this . day of . 19 .


		Appellant.

Please note: 1.This form is to be used by a person who is aggrieved by a decision of the public officer appointed by the Secretary for Home and Youth Affairs (“the public officer”) under section 5, 6 or 9 of the Ordinance. 2.This form must be completed in accordance with the directions specified in the form and lodged with the Chairman of the Appeal Board (“the Chairman”) at the office of the Registrar, High Court before the expiry of 28 days after the service upon you of notice from the public officer in respect of the decision you wish to appeal against. 3.At the same time that this notice is lodged you are required to serve a copy of the notice on the public officer, personally, or by registered post addressed to the last known address of the public officer and to furnish to the public officer and the Chairman a statement specifying the particulars of the appeal which you seek to establish, including such particulars of evidence to be adduced, documents to be produced, names of witnesses to be called and other circumstances as may suffice to ensure that the Appeal Board and the public officer are fully and fairly informed of the grounds on which the appeal is based. You may also be required to furnish further particulars or produce documents for the inspection of the public officer. 4.You are advised to read the Amusement Game Centres Ordinance (Cap. 435) and the Amusement Game Centres (Appeal Board) Regulation (Cap. 435 sub. leg. A) before lodging this notice of appeal.

(25 of 1998 s. 2; 17 of 2011 s. 28; L.N. 144 of 2022)

__________

Form 2

[ss. 7 & 12]

Amusement Game Centres Ordinance(Cap. 435)Notice of Date, Time and Place Fixed
for Hearing of an Appeal

Appeal No.: . of 19 .
In the matter of the Appeal lodged by
		(Appellant) against





To: . (Appellant)
and to the public officer appointed by the Secretary for Home and Youth Affairs:
TAKE NOTICE that the above appeal will be heard at

on the . day of . 19 . at

To the Appellant:TAKE NOTICE that if you do not attend at the place and time mentioned, either in person or by a barrister or solicitor duly authorized to appear on your behalf, the appeal may be postponed or adjourned for reasonable cause or be dismissed or be heard in your absence.
Dated this . day of . 19 .

	Chairman of the Appeal Board.
This notice was served by me on
at
on the . day of . 19 .

Recipient of notice.	Process server.

(17 of 2011 s. 28; L.N. 144 of 2022)

__________

Form 3

[s. 8]

Amusement Game Centres Ordinance(Cap. 435)Application for Summons to a Witness

Appeal No.: . of 19 .
To: Chairman of the Appeal Board
Whereas		of

is likely to give material evidence in respect of the above appeal, I

hereby apply for a summons to be issued to the said
. requiring him to attend the hearing of the appeal for that purpose.*/and to bring with him and produce the several documents hereunder specified:
Documents required to be produced


Dated this . day of . 19 .

		*Appellant/ public officer appointed by the Secretary for Home and Youth Affairs.
* Delete as necessary.

(17 of 2011 s. 28; L.N. 144 of 2022)

__________

Form 4

[s. 8]

Amusement Game Centres Ordinance(Cap. 435)Summons to a Witness

Appeal No.: . of 19 .
In the matter of the Appeal lodged by
			(Appellant) against




To:
YOU ARE HEREBY SUMMONED to attend at
.on the . day of
19 . at
and so from day to day, until the proceedings are heard, to give evidence in the above appeal and also to bring with you and produce the several documents hereunder specified:

Documents required to be produced




This summons was issued on behalf of

Dated this . day of . 19 .

		Chairman of the Appeal Board.
This notice was served by me on
at
on the . day of . 19 .

Recipient of notice.		Process server.

(E.R. 2 of 2012)