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Boards and Committees

Administrative Appeals Board

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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Membership

(Appointed by the Chief Executive)

At present, the Administrative Appeals Board consists of a Chairman, eight Deputy Chairmen and 46 panel members.


Chairman

Mr. Paul LAM Ting-kwok, SC


Deputy Chairmen

Mr. CHEUNG Kam-leung

Mr. Eugene FUNG Ting-sek, SC

Mr. Richard KHAW Wei-kiang, SC

Mr. Douglas LAM Tak-yip, SC

Ms. Elaine LIU Yuk-ling, JP

Dr. LO Pui-yin

Mr. Robert PANG Yiu-hung, SC

Mr. Erik Ignatius SHUM Sze-man

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Panel Members

Mr. Simon CHAN Cham-man

Mr. Ernest CHAN Ho-sing

Ms. Carmen CHAN Ka-man

Mr. CHAN Kam-man

Miss Grace CHAN Man-yee

Ms. CHAN Shin-kwan

Miss Winky CHAN Wing-ki

Mr. Eugene CHAN Yat-him

Dr. CHAN Yee-shan

Mr. CHEUNG Ming-tim

Mr. CHEUNG Tat-cheong

Mr. CHIN Shing-hoi

Mr. Tommy FUNG Hei-wai

Ms. FUNG Sau-yim

Mr. HASSAN Ka-chun

Ms. Mindy HO Sze-may

Miss HUNG Wing-chee

Ms. Julienne JEN

Miss Angelina Agnes KWAN

Mr. Dick KWOK Ngok-chung

Mr. KWOK Sze-chung

Mr. Ronald KWOK Wing-chung

Ms. LAI Ying-wa

Dr. Lianne LAM Ki-wai

Mr. LAM Tak-hing

Miss Julia LAU Pui-g

Ir. LAU Wing-yan

Mr. Ellis LAU Ying-tung

Miss Rebecca LEE Mo-kit

Mr. Howard LING Ho-wan, MH

Mrs. Julie MA LI Mun-wai

Ms. MAK Yin-mei

Mr. Lawrence NG San-wa, MH

Mr. Michael NGAI Ming-tak

Ms. POON Wing-yin

Mr. SETO Sai-wah

Mr. SO Yiu-wing

Ms. TONG Choi-cheng

Mr. TONG Yee-hang

Mr. TSANG Mo-chau

Mr. Jeremy TSE Wing-ho

Mr. Dennis WONG Chiu-lung

Miss Rachel WONG Sum-yee

Mr. Micky YIP Tik-bun

Ms. Wendy YUEN Miu-ling

Ms. Christine YUNG Wai-chi


Secretary

Ms. Harriet FUNG

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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 post or by hand to the Board Secretary (Address: 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.

To avoid delayed or unsuccessful delivery of mail items to the Board, appellants and other relevant parties should ensure that their mail items bear sufficient postage before posting.  They are responsible for any consequences arising from insufficient postage.  (Link to Hongkong Post)

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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) not less than 28 days before the date of hearing.

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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 to the parties to the appeal 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 authorised 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.

In case of inclement weather (such as the hoisting of Tropical Cyclone Warning Signal or Rainstorm Warning Signal by the Hong Kong Observatory) during a hearing day, the Board will handle the scheduled hearing according to the arrangements laid down in the relevant Notice (Arrangements [pdf file]).

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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.

By virtue of section 17(1) of the Administrative Appeals Board Ordinance, the hearing of an appeal to the Board shall be held in public unless the Board orders otherwise in exercise of its powers under section 17(2) & (3).  Hearing schedules and Decisions of the Board (including the names and identities of the parties mentioned therein and the subject matters of appeals) given in, or in respect of, public hearings are information in the public domain and will be made available in the website of the Board for public access.  If a party to an appeal wishes to apply for a hearing to be held in private and/or for an anonymity order, he should make an application in writing to the Board hearing the appeal.  All hearings before the Board will be set down for hearing in public unless the Board has ordered or directed the same to be held in private.

 

Public Zone (Written Decision)

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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.)

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Enquiries

Secretariat of the Administrative Appeals Board

Any enquiries relating to appeal cases before the Administrative Appeals Board should be made to the Board in writing by fax or by post. Email enquiries on or relating to appeal cases will not be entertained by the Board. General enquiry not relating to appeal cases may be made by email to: admwing@cso.gov.hk.

Please note that the Administrative Appeals Board does not entertain and will not reply to anonymous enquiries.

 

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