Cap. 442A 《行政上訴委員會(證人津貼)規則》Administrative Appeals Board (Witnesses’ Allowances) Rules
生效中Administrative Appeals Board (Witnesses’ Allowances) Rules
(Enacting provision omitted—E.R. 6 of 2020)
[21 September 2001] L.N. 185 of 2001
(Format changes—E.R. 6 of 2020)
1. (Omitted as spent—E.R. 6 of 2020)
2. Interpretation
In these Rules, unless the context otherwise requires—
witness (證人) means a witness summoned under the Ordinance but does not include a public officer acting in the course of his duties.3. Application for payment of witnesses’ allowances
Subject to subrule (2), where a witness attends the hearing of an appeal to give evidence (including professional or expert evidence) or to produce documents, the witness may apply—
in writing to the Secretary; or
orally to the Board during the hearing of the appeal,
for payment of an allowance referred to in rule 4.
An application under subrule (1) shall be made within 14 days beginning with the day on which the witness attends the hearing of an appeal, and in the case where he attends the hearing in respect of the same appeal for more than one day, the last of those days.
4. Allowances for witnesses
The Board may, upon an application under rule 3 or on its own motion, allow in respect of a witness a professional witness allowance, expert witness allowance or loss allowance, as the case may be, not exceeding the professional witness allowance, expert witness allowance or loss allowance that a magistrate may allow under the Criminal Procedure (Witnesses’ Allowances) Rules (Cap. 221 sub. leg. B) in respect of a witness who attends to give evidence in criminal proceedings.
5. Allowance to be claimed within 3 months
Any sum allowed under these Rules shall cease to be payable unless claimed within 3 months from the date on which it was allowed.
6. Transitional
Where the Board had, before the commencement* of these Rules, agreed to pay an allowance to a witness under section 21(1)(l) of the Ordinance, the Board shall upon the commencement* of these Rules allow in respect of that witness a professional witness allowance, expert witness allowance or loss allowance, as the case may be, not exceeding the professional witness allowance, expert witness allowance or loss allowance that a magistrate may allow under the Criminal Procedure (Witnesses’ Allowances) Rules (Cap. 221 sub. leg. B) in respect of a witness who attends to give evidence in criminal proceedings.
| Commencement date: 21 September 2001. |