Town Planning (Appeals) Regulations
(Enacting provision omitted—E.R. 5 of 2021)
[18 November 1991]
(Format changes—E.R. 5 of 2021)
These regulations may be cited as the Town Planning (Appeals) Regulations.
In these regulations, unless the context otherwise requires—
Appeal Board (上訴委員會) means the Appeal Board constituted under section 17A of the Ordinance; appellant (上訴人) means a person who lodges an appeal under section 17B(1) of the Ordinance; Board (規劃委員會) means the Town Planning Board appointed under section 2 of the Ordinance.An appellant shall give notice of appeal to the secretary to the Appeal Board which notice shall include—
the name, address and telephone number of the appellant;
the name, address and telephone number of the appellant’s authorized representative;
details of the decision appealed against;
the grounds of the appeal;
the name, address and telephone number of all proposed witnesses; and
particulars of the evidence to be given by the witnesses and documents and any other thing to be produced by or on behalf of the appellant sufficient to ensure that the Appeal Board and the Board are fully and fairly informed of the grounds of appeal.
The appellant shall serve a copy of the notice referred to in subregulation (1) on the secretary to the Board.
The Board shall within 60 days of receipt of a notice under subregulation (2) serve notice on the secretary to the Appeal Board and the appellant of—
the name, address and telephone number of the Board’s authorized representative;
the name, address and telephone number of all proposed witnesses; and
particulars of the evidence to be given by the witnesses and documents and any other thing to be produced by or on behalf of the Board sufficient to ensure that the appellant and the Appeal Board are fully and fairly informed of the grounds of opposing the appeal.
A witness who is called to give evidence at an appeal shall have all of the rights and privileges of a witness in a civil action in the Court of First Instance.
On receipt of the notice under regulation 3(3), the secretary to the Appeal Board shall fix the date, time and place of the hearing of the appeal.
The secretary to the Appeal Board shall notify the secretary to the Board, the appellant and any witnesses of the date, time and place of the appeal not less than 28 days prior to the date set for the hearing.
Not less than 7 days prior to the date set for the hearing of the appeal, the appellant and the Board shall—
lodge with the secretary to the Appeal Board a copy of witness statements, documents and any other thing to be given or produced in evidence at the hearing of the appeal;
serve on each other a copy of witness statements and documents and shall give details of any other thing lodged with the secretary to the Appeal Board, which statement, document or thing is to be given or produced in evidence at the hearing of the appeal.
The appellant may abandon the whole or any part of his appeal before the date set for hearing or any adjourned date by giving the secretary to the Appeal Board and the other party not less than 7 days’ notice in writing of his intention to abandon the whole or part of the appeal.
If a party or his authorized representative fails to attend the hearing on the day and at the time fixed, or at any adjourned hearing, the Appeal Board may—
if it is satisfied that the failure to appear is due to reasonable cause, adjourn the hearing to a date and time that it thinks fit;
proceed to hear the appeal; or
dismiss the appeal.
If the Appeal Board dismisses an appeal under subregulation (2)(c), an appellant may, within 14 days of the making of the order dismissing the appeal, apply in writing to the secretary to the Appeal Board for the Appeal Board to review its decision.
On a review under subregulation (3), the Appeal Board may, if it is satisfied that the failure to appear was due to reasonable cause, set aside the order and fix a date and time as it thinks fit for the hearing, and, unless the parties agree, the date shall be not less than 14 days from the date of the review.
Unless a witness agrees to accept a shorter notice, the secretary to the Appeal Board shall give any witness at least 7 days’ notice of the date for hearing set under subregulation (4).
The secretary to the Appeal Board shall keep a written record for each appeal of—
the name of the appellant;
grounds of appeal;
the name of the appellant’s authorized representative;
the name of the Board’s authorized representative;
the name of any witness called by either party to the appeal;
an outline of the evidence of each witness;
the decision of the Appeal Board and the reasons for the decision; and
any orders made by the Appeal Board.