Cap. 349A 《旅館業(上訴委員會)規例》Hotel and Guesthouse Accommodation (Appeal Board) Regulations
生效中Hotel and Guesthouse Accommodation (Appeal Board) Regulations
(Enacting provision omitted—E.R. 3 of 2021)
[1 September 1991]
(Format changes—E.R. 3 of 2021)
1. Citation
These regulations may be cited as the Hotel and Guesthouse Accommodation (Appeal Board) Regulations.
2. Interpretation
In these regulations—
appellant (上訴人) means a person who gives the Convenor a notice of appeal under section 17C of the Ordinance; (6 of 2020 s. 29) specified form (指明表格) means a form specified by the Convenor under regulation 16. (6 of 2020 s. 29)3. (Repealed 6 of 2020 s. 30)
4. Notifying Authority and interested persons of appeal
An appellant must, on the date the notice of appeal is given to the Convenor under section 17C of the Ordinance, also serve the following documents on the Authority—
a copy of the notice of appeal; and
a copy of all documents accompanying the notice of appeal as mentioned in section 17C(3)(c) and (d) of the Ordinance.
The Convenor must, as soon as reasonably practicable after receiving the notice of appeal, notify every interested person as defined by section 12P(6) of the Ordinance (except the appellant) that the Convenor has received the notice.
5. Further particulars
A party to an appeal (requesting party) may, within the period specified in subregulation (2), serve a notice on the other party (requested party) requesting any further particulars relating to the appeal that are specified in the notice (requested particulars).
The period is—
the period of 7 days after the date on which a copy of the notice of appeal is served on the Authority under regulation 4(1); or
the longer period that the relevant authority may, on an application made in the specified form, allow in a particular case.
Subject to subregulation (5), the requested party must, within the period specified in subregulation (4)—
give the requested particulars to the requesting party; and
give a copy of the requested particulars to the relevant authority.
The period is—
the period of 7 days after the date on which a notice is served on the requested party under subregulation (1); or
the longer period that the relevant authority may, on an application made in the specified form, allow in a particular case.
The relevant authority may, on application, direct that the requested party need not comply with subregulation (3) in respect of a requested particular (exempted particular) if it is satisfied that—
the request for the exempted particular was unreasonable; or
reasonable grounds exist for not giving the exempted particular.
In this regulation—
relevant authority (有關當局) means—(a)the chairperson of the appeal board formed to hear the appeal; or(b)if an appeal board has yet to be formed—the Convenor.6. Inspection of documents
A party to an appeal (requesting party) may, at any time, serve a notice on the other party (requested party) requiring the requested party to, within 7 days after the date on which the notice is served—
produce any document relating to the appeal; and
permit the requesting party to make any copy of the document.
If a requested party fails to comply with a notice served under subregulation (1) in respect of a document, the party is not allowed to subsequently use the document as evidence at the appeal hearing, unless the party satisfies the appeal board that the party had a reasonable cause for the failure to comply.
7. Date, time and place of hearing
The chairperson of an appeal board must, as soon as reasonably practicable after the board is formed, fix the date, time and place for hearing the appeal.
The chairperson must also notify, in the specified form, every party to the appeal of the date, time and place of the hearing at least 28 days before the date fixed.
8. Summons to witness
A party to an appeal may apply, in the specified form, to the chairperson of the appeal board for the board to summon a person as a witness.
If an appeal board decides (whether or not on application) to summon a person as a witness, the notice required under section 17D(8)(c) of the Ordinance must be given—
by the chairperson of the board; and
in the specified form.
In this regulation—
summon (傳召) means summon under section 17D(8)(c) of the Ordinance.9. Appeal to be conducted in public
The hearing of an appeal by an appeal board is to be conducted in public unless the chairperson of the board, of his or her own motion or at the request of the appellant or the Authority, orders that all or any persons should be excluded from the whole or any part of the hearing.
10. Representation
At the hearing of an appeal— (6 of 2020 s. 33)
the appellant may be represented by a legal practitioner; and
the Authority may be represented by a legal practitioner, or a legal officer as defined by section 2 of the Legal Officers Ordinance (Cap. 87).
11. Abandonment of appeal
An appellant may abandon the whole or any part of an appeal by giving a written notice to—
the chairperson of the appeal board formed to hear the appeal; or
if an appeal board has yet to be formed—the Convenor.
The appellant must, on the date the notice is given under subregulation (1), also serve a copy of the notice on the Authority.
12. Failure of appellant to attend hearing
If, on the day and time fixed for hearing an appeal, the appellant fails to attend the hearing either in person or by a legal practitioner, the appeal board may—
if satisfied that the failure to attend was because of sickness or other reasonable cause—postpone or adjourn the hearing for a period the board considers appropriate;
proceed to hear the appeal; or
dismiss the appeal.
If an appeal is dismissed by an appeal board under subregulation (1)(c)—
the appellant may, within 30 days after the date on which the order for dismissal is made, apply for a review of the order by giving a written notice to the chairperson of the board; and
the board may, if satisfied that the failure to attend was because of sickness or other reasonable cause, set aside the order.
The appellant must, on the date the notice is given under subregulation (2)(a), also serve a copy of the notice on the Authority.
If an appeal board sets aside an order for dismissal under subregulation (2)(b), the chairperson of the board must, as soon as reasonably practicable after the setting aside of the order, fix the date, time and place for hearing the appeal afresh.
The chairperson must also notify, in the specified form, every party to the appeal of the date, time and place of the hearing at least 14 days before the date fixed.
13. Failure of appellant to serve notice of appeal, etc.
If an appellant fails to comply with regulation 4(1) or 5(3), the appeal board may dismiss the appeal.
14. Record of proceedings
The chairperson of an appeal board must take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of an appeal— (6 of 2020 s. 35)
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 Authority;
the name of any person summoned as a witness before the appeal board; (6 of 2020 s. 35)
the evidence of any person who gives evidence;
the decision of the appeal board; (6 of 2020 s. 35)
the amount of any sum awarded under section 17D(8)(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 was made. (6 of 2020 s. 35)
15. Service of notices and other documents
A notice or any other document permitted or required to be served on a person under these regulations may be—
served personally on the person; or
sent to the person by registered post at the person’s address last known to the sender.
16. Convenor may specify forms
The Convenor may specify a form to be used for the purposes of any matter provided for under these regulations.
Schedule
(Repealed 6 of 2020 s. 38)