Page:Product Eco-responsibility Ordinance (Cap. 603).pdf/11

PRODUCT ECO-RESPONSIBILITY ORDINANCE 13. Appeals

(1) A person who is aggrieved by a decision of a public officer relating to any of the matters specified in subsection (2) may, within 21 days after the date on which the notice about that matter is served on him, appeal to the Appeal Board by giving a notice of appeal to the Director stating the reasons for the appeal.

(2) The following matters are specified for the purposes of subsection (1)—
 * (a) rejection of an application for registration or deregistration in respect of a retail outlet under section 19;
 * (b) rejection of an application for the exemption of part of the area of a registered retail outlet for the purposes of section 23;
 * (c) an assessment notice served under section 26; and
 * (d) any matter that is—
 * (i) provided by a regulation made under this Ordinance; and
 * (ii) specified in the regulation as a matter on which an appeal may be made under this section.

14. Establishment of Appeal Board

(1) There is established an Appeal Board for the purpose of hearing and determining an appeal.

(2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is legally qualified and not a public officer.

(3) The Chief Executive shall also appoint a panel of persons whom he considers to be suitable for appointment as members of the Appeal Board and who are not public officers.

(4) The Chief Executive shall appoint as Deputy Chairman of the Appeal Board one of the panel members who is legally qualified.

(5) The Chairman, the Deputy Chairman and a panel member shall be appointed for a term of not more than 3 years but may be reappointed.

(6) Every appointment under this section must be published in the Gazette.

15. Exercise of Appeal Board’s jurisdiction

(1) The Appeal Board may exercise its jurisdiction in hearing and determining an appeal only if it is duly constituted.

(2) The Appeal Board is duly constituted for the purpose of hearing and determining an appeal if it consists of the following members—
 * (a) the Chairman; and
 * (b) at least 2 other members appointed by the Chairman from among the panel members to hear the appeal.