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Administrative
Appeals Board
General
Information
Membership
Appeals to the Board
Enquiries
General
Information
The
Administrative Appeals Board ("AAB") is an independent
statutory body established under the AAB Ordinance, Cap.
442, in July 1994. The Board will hear and determine appeals
against a decision made in respect of an appellant and which
falls under its jurisdiction. The Board's jurisdiction extends
over certain administrative decisions made under the Ordinances
or Regulations set out in the Schedule to the AAB Ordinance,
such as matters on security personnel permits and business
registration fees.
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Appeals
to the Board
Lodging
of an appeal
An
appellant should complete the appeal form (sample
[pdf file]) and forward
it to the Board Secretary within the time limit specified
in the Ordinance under which the right of appeal exists,
or where no such time limit is prescribed, within 28 days
after receiving notice of the decision in the case. The
appellant may submit the duly completed appeal form by hand,
by fax or by mail to the Board Secretary in Room 321, 3/F,
East Wing, Central Government Offices, 2 Tim Mei Avenue,
Tamar, Hong Kong.
After
an appeal has been accepted by the AAB, the respondent (i.e.
the decision authority against whose decision has been appealed)
will be required to lodge with the Board and the other parties
to the appeal (i.e. the appellant and the person bound by
the decision appealed against, if any) within 28 days a
statement setting out the reasons and policy for the decision.
The appellant may make written representations on the statement
to the Board within a specified period.
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Notice
of Hearing
Notice
of hearing will be served on the parties to the appeal (i.e.
the appellant, respondent and the person bound by the decision
appealed against, if any) and any person, other than the
appellant, who before the decision appealed against was
made, had made representations to the respondent in relation
to the subject-matter of that decision not less than 28
days before the date of hearing.
Hearing
of an appeal
The
AAB will normally conduct a hearing. An appeal board for
the purpose of hearing an appeal comprises the Chairman
or a Deputy Chairman together with two panel members. The
hearing shall be in public except in special circumstances.
The
hearing of an appeal to the Board may be conducted in the
English or Chinese language or both as the Board thinks
fit. Simultaneous interpretation will be provided if necessary.
The
parties to an appeal may appear in person at the hearing
of the appeal and may make representations or be represented
either by a barrister or a solicitor or, with the approval
of the Board Secretary, by any other person authorized by
any of the parties in writing. They may request the Board
to issue a notice to require a witness to appear before
the Board to give evidence or to produce a document.
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Decision
of the Board
On the determination of an appeal, the Board may confirm,
vary or reverse the decision that is appealed against or
substitute other decision or make other order as it may
think fit, or order that the case be sent back to the respondent
for consideration.
Parties
to the appeal will be informed of the Board's decision in
writing and of the reasons for its decision.
Provision
relating to costs
The
Board may make an order as to costs against a party of an
appeal under S. 22(1) of the AAB Ordinance.
(The
above is an introduction of the AAB. Reference may be made
to the
AAB Ordinance, Cap. 442, for more detailed information.)
Enquiries
Secretariat
of the Administrative Appeals Board
|
Secretary
|
: |
Miss
Elise LEUNG |
| Telephone
No. |
: |
2810
2092 |
|
Facsimile
No.
|
: |
2526
4133 |
| Address
|
: |
Room
321, 3/F
East
Wing, Central Government Offices
2 Tim Mei Avenue
Tamar
Hong Kong
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