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Municipal
Services Appeals Board
General
Information
Membership
Appeals to the Board
Enquiries
General
Information
The
Municipal Services Appeals Board ("the Board")
is an independent statutory body established under the Municipal
Services Appeals Board Ordinance, Cap. 220, in August 1990.
The function of the Board is to hear and determine any appeal
to the Board from the Licensing Appeals Board or an administrative
decision from which an appeal lies to the Board under any
Ordinance, such as refusal of the issue of a liquor licence,
suspension of a restaurant licence, termination of the tenancy
of a market stall and etc.
Appeals
to the Board
Lodging
of an appeal
Any
person (hereinafter referred to as the appellant) who is
aggrieved by a decision made by the Licensing Appeals Board
or certain administrative decision from which an appeal
lies to the Board under any Ordinance, may appeal to the
Board, within the time limit specified in the relevant Ordinance,
by completing the appeal form (sample
[pdf file]). The appellant
should submit the duly completed appeal form by hand or
by mail to the Secretary to the Municipal Services Appeals
Board (Address: Room 140, 1/F, East Wing, Central Government
Offices, Lower Albert Road, Central, Hong Kong).
After
an appeal has been accepted by the Board, the respondent
(i.e. the decision authority against whose decision has
been appealed) will be required to serve on the appellant
and any other person who is bound by the decision appealed
against, and lodge with the Board, within 28 days a statement
setting out the findings of fact with evidence in support
thereof and the reasons 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 appellant, respondent and
other parties to an appeal not less than two weeks prior
to the date set for the hearing.
Hearing
of an appeal
For
the purposes of any appeal made to it, the Board is to be
constituted by the Chairman or the Vice-chairman together
with two panel members to hear and determine each appeal.
The hearing shall be in public except in special circumstances.
The hearing may be conducted in the English or Chinese language
or both as the Board thinks fit.
The
appellant, respondent or other parties to an appeal may
be present at the hearing and make representations either
in person or by counsel or solicitor or, with the consent
of the Board, by some other person.
The
Board may receive and consider any material, whether by
way or oral evidence, written statements, documents or otherwise,
even though such materials would not be admissible in evidence
in civil or criminal proceedings. If necessary, the Board
may examine on oath, affirmation or otherwise any person
attending before it and require such person to answer all
questions put by or with the consent of the Board.
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Decision
The
Board shall give reasons in writing for its decisions, and
those reasons shall include its findings on material questions
of fact and a reference to the evidence or other material
on which those findings were based.
The
Secretary to the Board shall serve a copy of the Board's
decision and of the reasons for the decision on the parties
to the appeal.
(The
above is an introduction of the Board. Reference may be
made to the Municipal
Services Appeals Board
Ordinance, Cap. 220, for more detailed information.)
Enquiries
Secretariat
of the Municipal Services Appeals Board
|
Secretary
|
: |
Ms
WAN Mei |
| Telephone
No. |
: |
2810
2829 |
|
Facsimile
No.
|
: |
2526
4133 |
| Address
|
: |
Room
140, 1/F
East Wing, Central Government Offices
Lower Albert Road
Central
Hong Kong |
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