Non-local Higher and Professional Education (Appeal Board) Rules
(Enacting provision omitted—E.R. 1 of 2021)
[1 December 1997] L.N. 567 of 1997
(Format changes—E.R. 1 of 2021)
(Omitted as spent—E.R. 1 of 2021)
In these Rules, unless the context otherwise requires—
appeal (上訴) means an appeal to the Appeal Board under the Ordinance; appellant (上訴人) means an operator of a course of education by whom an appeal is made; notice of appeal (上訴通知書) means a notice of appeal in the form specified by the Registrar for the purposes of section 25 of the Ordinance.An appeal shall be made by serving the notice of appeal on the Chairman.
A copy of the notice of appeal served on the Chairman under subsection (1) shall be served on the Registrar on the same day the notice of appeal is served on the Chairman.
Where the Appeal Board is satisfied that the Registrar has in respect of any appeal not been served in accordance with subsection (2) a copy of the notice of appeal served on the Chairman under subsection (1), the Appeal Board may dismiss the appeal.
Each of—
the notice of appeal to be served on the Chairman under section 3(1); and
the copy of the notice of appeal to be served on the Registrar under section 3(2),
shall be accompanied by a statement specifying the grounds of the appeal and containing such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to enable the Appeal Board and the Registrar to be fully and fairly informed of the grounds of the appeal.
Where the Appeal Board is satisfied that subsection (1) is not complied with in relation to the notice of appeal or the copy of the notice of appeal served in respect of an appeal, the Appeal Board may dismiss the appeal.
Any party to an appeal may—
require the other party to furnish to him any further particulars reasonably related to the appeal, by—
giving the other party a notice specifying the further particulars so required; and
giving the Chairman a copy of the notice given under subparagraph (i),
within 14 days from the date on which the appeal is made, or within such longer period as the Chairman may, on application, allow;
require the other party to produce any document reasonably related to the appeal for inspection and copying by him, by—
giving the other party a notice specifying the document so required; and
giving the Chairman a copy of the notice given under subparagraph (i),
within 14 days from the date on which the appeal is made, or within such longer period as the Chairman may, on application, allow.
Where any party to an appeal has in accordance with subsection (1) required the other party to furnish any particulars or to produce any document, that other party shall—
in the case of subsection (1)(a)—
furnish to the party by whom the notice is given the further particulars specified in the notice; and
furnish to the Chairman a copy of the further particulars furnished under subparagraph (i),
within 14 days from the date on which the notice is given, or within such longer period as the Chairman may, on application, allow;
in the case of subsection (1)(b), produce to the party by whom the notice is given the document specified in the notice for inspection and copying by that party, within 14 days from the date on which the notice is given, or within such longer period as the Chairman may, on application, allow.
Where the Appeal Board is satisfied that an appellant has failed to comply with subsection (2), the Appeal Board may dismiss the appeal.
Where an appeal is made, the Chairman shall fix the date, time and place for the hearing of the appeal.
The Chairman shall, not less than 28 days before the date fixed under subsection (1) for the hearing of an appeal, give the parties to the appeal notice in writing of the date, time and place fixed under that subsection.
The hearing of an appeal shall be conducted in public, unless the Chairman or the Deputy Chairman who presides at the hearing, whether of his own motion or at the request of any of the parties to the appeal, orders that all or any person should be excluded from the whole or any part of the hearing.
An appellant may abandon the whole or any part of the appeal, by—
giving the Chairman a notice in writing thereof; and
giving the Registrar a copy of the notice given under paragraph (a).
If on the date and at the time fixed under section 6 for the hearing of an appeal, the appellant, or a representative authorized by him pursuant to section 30(4) of the Ordinance fails to attend the hearing, the Appeal Board may by order—
where it is satisfied that such failure is due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
proceed to hear the appeal; or
dismiss the appeal.
Where an appeal is dismissed by the Appeal Board under subsection (1)(c), the appellant may apply to the Appeal Board for review of its order by—
giving the Chairman a notice in writing within 1 month from the date on which the order is made; and
giving the Registrar a copy of the notice given under paragraph (a).
Where an appellant applies for review of an order under subsection (2), the Appeal Board may, where it is satisfied that the failure to attend was due to sickness or other reasonable cause, set aside the order.
Where an order is set aside under subsection (3), the Chairman shall fix the date, time and place for the hearing of the appeal.
The Chairman shall, not less than 14 days before the date fixed under paragraph (a) for the hearing of an appeal, give the parties to the appeal a notice in writing of the date, time and place fixed under that paragraph.
The Chairman shall, as far as reasonably practicable, take or cause to be taken in writing a full minute of the following matters in respect of every appeal before the Appeal Board—
the grounds of the appeal;
the name of the appellant;
the name of any person who appears as a witness for the appellant;
the name of any person who appears as a witness for the Registrar;
the name of any person summoned as a witness before the Appeal Board;
the evidence of any person given before the Appeal Board;
the decision of the Appeal Board;
the amount of any sum awarded under section 27(3)(e) of the Ordinance in respect of the costs involved in the appeal and the name of the person in favour of whom the award is made.
The Chairman or the Deputy Chairman who presides at the hearing of an appeal shall, within 14 days after a decision is made by the Appeal Board at the hearing, give the appellant and the Registrar a notice in writing of the decision and a statement of the reasons for the decision.
Any document required to be served on or furnished or given to any person under these Rules, other than that required to be produced under section 5(2)(b), shall be properly served, furnished or given if it is delivered or sent to that person in the manner specified in section 38 of the Ordinance.